What are my rights to return to work if I was in a car accident about 9 months ago and my doctor put me out on temporary disability?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights to return to work if I was in a car accident about 9 months ago and my doctor put me out on temporary disability?
I was released and taken off disability insurance as of Feb 1, after multiple attempts of contacting my employer and having them avoid me. When I am able to have conversations with her, she doesn’t give me a straight answer when I ask if I am getting put back on the schedule. Last time I spoke with her, she said that business has slowed down and she needs to think about the situation and talk to her cousin, who acts as a manager, and she would let me know by this past Monday in regards to my status. I tried contacting her on Monday but she still hasn’t responded to me. Where do I go from here?
Asked on February 3, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You should not be denied a job because you were on disability; but if the company truly, legitimately experienced a downturn and does not need as many employees, they do not need to re-employ you if they simply don't need you. So the question is, do you believe her? If you don't, then you may wish to either speak to your state's equal/civil rights agency and see if they can help (on the basis that this would be disability-related discrimination) or else speak with an employment law attorney about possibly bringing a case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.