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Suddenly Reassigned after 2 months on CA State Disability??? California

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  • Suddenly Reassigned after 2 months on CA State Disability??? California

    here's the situation...

    I have been employed with a non profit org since October 28, 2007. I am the after school
    program site coordinator.

    In November of 2008, I gave my supervisors notice that I would be having a
    knee surgery that required 8 weeks of recovery and I would be off-site and
    using state disability benefits for the duration of my recovery.

    My surgery was schedule for January 6, 2009 and my date to return to work
    was March 9, 2009. During my time away, another employee would be substituting for me as acting site coordinator.

    On March 5, 2009 I received a phone call from a staff member informing me
    that the acting site coordinator made an announcement to students that I
    would not be returning to my High School on Monday, March 9,
    2009. She claimed that this was requested by LA Leadership High School's
    principal and had been confirmed by my supervisor.
    I did not receive formal notice about this change from a
    supervisor. My plan was to return to school on Monday. I received this 3rd
    party information at about 5:30pm, March 5th.

    I spoke with the acting site coordinator to confirm this information. She
    said that she received an email from our supervisor stating that I would
    not be returning.

    I contacted the Director of Youth Services immediately
    via email. Later that evening we corresponded via google chat. She
    said that we would discuss me "placement" on Monday, March 9, 2009 and
    that I would not be working at my High School.

    Upon hearing this news, students and faculty have been emailing me,
    outraged at the way things have played out. I have built significant
    relationships with my students and colleagues and have documented success
    in my job performance. I have never received a verbal or written warning
    and my employee evaluation was outstanding. There is no documented
    evidence of poor performance and in fact, I
    have many folks that can attest to my dedication to the job.

    My questions...

    (1) Can this reassignment be considered disciplinary action

    (2) If so, can an employer reassign an employee without
    documented/justified reason or due process?

    (3) Is it legally significant that these actions were taken while I was
    away on disability?

    (4) Can the reassignment be considered discrimination or retaliation? (because I was on disability?)
    Last edited by klovich; 03-06-2009, 12:14 AM.

  • #2
    Please edit your post to remove the name of your employer and any person's name. It just isn't relevant and we have had anecdotal reports of posters being (legally) fired for mentioning their employer disparagingly on this site.

    Disability does not protect your job. FMLA protects your job. Did FMLA apply?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      If you were covered by CFRA, you should have been placed back into your same or comparable position.

      If you were not covered by CFRA, you could still claim disability discrimination if you can show that 1) the reassignment is a less desirable position for whatever reason and 2) you were reassigned because of your disability. You haven't stated anything that conclusively proves discrimination although the timing is suspect. The employer may have also had a duty to provide this leave as an accommodation for your disability.


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