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My brother was on short term disability and was cleared to…

My brother was on short...
My brother was on short term disability and was cleared to go back to work..The day he returned to work they tell him he's laid off! Apparently they hired someone to take his place while he was gone!He was shocked and disappointed,as they never said that this would happen! What does he do now?
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Answered in 7 minutes by:
12/13/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,050
Experience: Significant experience in all areas of employment law.
Verified

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

How long total was he off work? Also, how many employees does his employer have? I very much look forward to helping you on this matter.

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Customer reply replied 5 months ago
He was off only 4 months. It's a small exterminator company with about 10 employees. He got hurt at work falling off a ladder.
Customer reply replied 5 months ago
Any more questions?

No, no more questions.

With less than 50 employees, the only law that would typically protect your brother's position is CA's Fair Employment & Housing Act. This law requires employers to "reasonably accommodate" any disabled employee by holding their position as long as this can be done without causing the employer to suffer undue hardship. "Undue hardship" is a rather vague term, and a duration of leave that may cause hardship for one employer m ay not cause hardship for the other. It really depends on the unique circumstances of the employment.

If your brother can allege that his employer could have continued holding his position without incurring undue hardship, he can bring a claim for violation of his rights under FEHA. The first step in pursuing such a claim would be to file a complaint with the Department of Fair Employment & Housing. The DFEH will investigate and attempt to mediate a resolution with your brother's employer. That not forthcoming, they will either file a lawsuit on his behalf or issue him a "right to sue" letter, which will enable him to sue in civil court with the assistance of an attorney.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,050
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 5 months ago
Thanks. ..I'll let my brother know about the results
Customer reply replied 5 months ago
Fortunately he got called on to work! Thank you for your( one time service)answer to our problem!

I'm very glad to hear about this positive development. Best wishes to you both, and happy holidays.

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Satisfied Customers: 14,050
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Experience: Significant experience in all areas of employment law.

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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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