Q: Do I have a case for wrongful termination/ Discrimination
To begin i was already on light duty due to being injured on the jobsite and going thru a workmans comp case. On thurs I informed my supervisor I would be taking Friday off I needed to contact medical staff to seek medical attention because I was experiencing continuous pain. I show up Friday morning to pick up my regular check I waS asked into the office told to sign a document showing the days and hours im suppose to be at work. And if I didn't sign it there would be consequences. I responded what if I'm sick or experiencing too much pain to show up he said I wS still required to show up I refused to sign the document and he advised the receptionist to process my layoff check. I was let go.
A:
Disability discrimination and failure to accommodate cases are very fact-specific. If you believe your employer let you go because you were injured and/or filed worker's compensation, you may have a case.
I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of charge initial consultations, and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.
You can look either on this site in the Find a Lawyer section or go to California Employment Layers Association (www.cela.org), an organization whose members are committed to representing employees’ rights.
Sincerely,
Maya L. Serkova
A:
More would need to be known to be able to tell you if there has been a violation of the law, but there is enough in your post to suggest you should seek out a consultation with an employment law attorney.
If you worked for an employer that employed at least 5 employees, you are protected by the California Fair Employment and Housing Act. That law requires employers to reasonably accommodate an employee's disabling condition as long as the accommodation does not create an undue hardship on the employer. Granting unpaid leave is one of the easiest forms of reasonable accommodation.
So, at this point, it would be wise for you 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 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.
A:
The employer's actions are problematic if the employer has at least 5 employees. You cannot waive your right to seek time off for a disability or medical treatment.
On the other hand, you can be terminated for refusal to acknowledge receipt of documents, even if they contain incorrect information.
As a result, you should seek a consultation with an employment lawyer. Most provide free consultations.
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