Burbank, CA asked in Employment Law and Appeals / Appellate Law for California

Q: I wason disability for four months when i retured to work i was fired they said i never informed them about my leave

But that is not true they were sent Disability paperwork that they signed and sent back to my union i have copies and i sent them all the date changes i recieved from my doctor. The problem now is Unemployment says im not eligible to recieve benefits because they say i voluntarily quit or was fired for misconduct. Which is not true how do i go about changing this

1 Lawyer Answer

A: If you can prove that your employer, not just your union, was provided with your doctor notes indicating a need for medical leave, and you were terminated for this false reason, it may be that you will be able to establish a violation of the Fair Employment and Housing Act. I think your best move right now is to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

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