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  • firing after disabilty...California

    I've been out on disabilty since the end of March. I had back surgery. Today my doctor released me to go back to work starting Monday. He put a lifting restriction on my release as I cannot lift heavy items. I got a call from my employer not even an hour after I left the office giving them a copy of the release informing me that he won't let me come back to work with a restriction that he needs a full release. I have an office job that shouldn't require lifting anyways!!! (This employer has already tried to let me go when I had only been out a little over a month and cancelled my health insurance on me once.) Now they are saying that they won't let me come back with out the full release and in the same breath he says they are too slow to have me come back.

    Isn't this against the law to let me go before I have returned to work?? And the way they are trying to let me go be considered discrimination?

  • #2
    No, this is neither illegal nor discrimination. Even under California's employee-friendly laws, the LONGEST they had to hold your job was 12 weeks. Once that time had expired, they had no legal obligation to return you to work at all. There is nothing illegal about requiring a full release. They could let you go completely and it would be legal since you have been out so long.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Casey, you need to write a letter to your employer, (You need to send this letter to them CMRRR so they can not claim they didn't get it.), that states you want to invoke your right to start the "interactive process" which means that you meet with the employer and together figure out what "reasonable accommodations" can be made for you to do your job. If you are able to do the essential functions of your job with or without reasonable accommodations then your ER has every obligation to restore you to your job. If the ER refuses to participate in the interactive process or immediately restore you to your position then you need to contact the EEOC as they are in direct violation of the ADA rules established in 1990.

      There currently is a huge class action law suit filed against one of the major package delivery services for the very issue you are having with your employer. Refusal to restore to employment employees after they have been off the job for an accident or injury that leaves them with a permanent partial physical disability. It will be very interesting to see how this plays out. Personally, based on current ADA laws, I believe that the plaintiffs with certainly prevail. ADA laws are and have been established to protect the disable workers from the very maltreatment that you are seeing from your employer.

      Go here to learn more about ADA and your rights as a disabled worker.

      http://www.mobar.org/journal/2001/mayjun/sullivan.htm

      http://www.phelpsdunbar.com/pages/pu...s/Hra03_06.pdf

      http://www.stoel.com/showarticle.aspx?Show=951

      There is literally a huge amount of information available concerning the ADA and interactive process. Just google ADA interactive process, just plan on spending several hours reading. The resources are endless.

      Good Luck to you.
      Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

      Comment


      • #4
        Please note that the ADA does not require an employer to provide extensive medical leave; nor does it prohibit an employer from requiring a release.

        It should also be noted that not all conditions for which medical leave is needed, qualify for ADA protection, and if you are expected to make a full recovery, there is a very good chance that the ADA will not apply at all.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Kickme, Casey specifically said he "had an employee who", not that he was the employee.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Originally posted by Pattymd View Post
            Kickme, Casey specifically said he "had an employee who", not that he was the employee.
            Pattymd....I never specifically said I (I am a SHE!!!!) "had an employee who", My very first sentence was that I[/B][/B] (being THE employee!) have been out on disability.

            Thank you to the others that have responded. This information gives me a start on where to go from here.

            I also forgot to mention that the employer only held my position for a week before they hired somebody to fill my position permanently! I have a medical condition that causes the discs in my back to weaken and herniate....only having 1 disc left in my lower back I don't believe I will ever make a "full" recovery. I may appear to be just fine on the outside, but my back is, needless to say, very weak.
            Last edited by casey_d; 09-13-2007, 07:20 AM.

            Comment


            • #7
              Originally posted by casey_d View Post
              Thank you to the others that have responded. This information gives me a start on where to go from here.

              Pattymd....I never specifically said I (I am a SHE!!!!) "had an employee who", My very first sentence was that I[/B][/B] (being THE employee!) have been out on disability.
              Sorry, my apologies. I was thinking of another post. I should have rechecked the post history.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Why Make fun of posters?

                When a disabled employee posts a question to seek help from others who had similar experience it is clear there is a trend on this forum to make fun of the disabled employee and his/her question.

                Why not take it easy, blunt answers are fine as long as they are factual, but making fun of people is not nice.

                Comment


                • #9
                  Originally posted by pkixer View Post
                  When a disabled employee posts a question to seek help from others who had similar experience it is clear there is a trend on this forum to make fun of the disabled employee and his/her question.

                  Why not take it easy, blunt answers are fine as long as they are factual, but making fun of people is not nice.
                  Are you talking to me? I saw no "making fun" of anyone in this thread.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    I have been watching this thread and I don't see anyone making fun of posters either,

                    Please explain what was said that you believe was "making fun".
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      Another Thread

                      Originally posted by cbg View Post
                      I have been watching this thread and I don't see anyone making fun of posters either,

                      Please explain what was said that you believe was "making fun".

                      Oh, when I said that I was talking about another thread.

                      Comment


                      • #12
                        PM me with the thread in question.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          Originally posted by pkixer View Post
                          Oh, when I said that I was talking about another thread.

                          See, it happens.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment


                          • #14
                            Originally posted by Pattymd View Post
                            See, it happens.
                            I was thinking about my cake that I do not want to eat

                            Comment


                            • #15
                              No one was making fun of you. She was answering her question to the best of her ability based on the information you provided. The fact that you did not like her answer, or even if she did not understand your question properly, does not mean that anyone was making fun of you.
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                              Comment

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