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Coming back for Term disability in California. How does the…

Customer Question
Coming back for Long...

Coming back for Long Term disability in California. How long does the employer need to hold allow an employee to work once the worker is back from Long Term disability.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

As I stated California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

If is full time for an executive in a large company. I have worked for the company for the last 22 years

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I returned to work 2 weeks ago and at the end of last week they gave me notice. So this is important to me.

Submitted: 8 months ago.Category: Employment Law
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Answered in 16 minutes by:
9/25/2017
Employment Lawyer: Ray, Employment lawyer replied 8 months ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 47,169
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Employment Lawyer: Ray, Employment lawyer replied 8 months ago

You can file with EEOC and claim that it was because of your injury and age discrimination.You may consider a lawyer to file for wrongful termination. This appears to be discrimination and retaliation against you.They can terminate an employee but not if they are discriminating based on age and retaliating against you.EEOC and a alwyer to sue are your legal remedies.If EEOC finds in your favor they may to reinstate and award you back pay and other damages including legal fees.

File here

https://www.eeoc.gov/employees/charge.cfm

The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:

  • filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
  • communicating with a supervisor or manager about employment discrimination, including harassment
  • answering questions during an employer investigation of alleged harassment
  • refusing to follow orders that would result in discrimination
  • resisting sexual advances, or intervening to protect others
  • requesting accommodation of a disability or for a religious practice
  • asking managers or co-workers about salary information to uncover potentially discriminatory wages.

Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violateEEO laws, even if he or she did not use legal terminology to describe it.

Age if you are over 40

Age discrimination involves treating an applicant or employee less favorably because of his or her age.

The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.

Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.

Age Discrimination & Work Situations

The law prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.

I appreciate the chance to help you today.Thanks I am so sorry that they did this to you , you have rights here through EEOC and the courts.

If you can positive rate 5 stars it is much appreciated.

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Employment Lawyer: Ray, Employment lawyer replied 8 months ago

Lawyer here to sue , good luck to you with all of this, I will say a little prayer for , this is awful.

Contact the State Bar for Help

I hope you can get a recovery, reinstatement, etc.

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Employment Lawyer: Ray, Employment lawyer replied 8 months ago

Retaliation and age discrimination would be your categories.

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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 47,169
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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