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Attorney answers (2)
Reputation Level 11
Answered over 3 years ago.
Employment / Labor Attorney in San Diego, CA.
Maybe. This area of law is fact intensive -- meaning that it really depends on your particular circumstances. You should consult with an attorney to discuss your situation confidentially and get a considered opinion.
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Reputation Level 7
Answered over 3 years ago.
Sexual Harassment Attorney in Los Angeles, CA.
The answer will depend on a number of questions. How large is the employer? How long was the leave? Is the leave a protected leave under the Family Medical Leave Act or California Family Rights Act? Was this a pregnancy leave which has different protections. What is the company policy and practice regarding leaves? Did those policies or practices create a new contract right for the employee?
Finally, did the employer have an obligation to engage in a good faith interactive process and provide a reasonable accommodation for the employee? It is best to find a lawyer who practices in the area of employee rights. The California Employment Lawyers Association is such a group of lawyers (www.cela.org) as is the National Employment Lawyers Association (www.nela.org) 1 person marked this answer as good
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