Can I sue my old workplace

Asked about 1 year ago - Yuba City, CA

I Was in motorcycle accident, taken to hospital where I worked, asked for no one other than doctor allowed in room, while I was in emergency, they allowed workers who I didn't know and had no business on the floor into my room, they transferred me to Uc Davis intensive c.are before midnight on 7-2-12, on 7-4-12 there was a letter at my house saying I would be fired if not back to work full time by the 8th. They did fire me and refused my disability even though I was under a doctor's care

Attorney answers (6)

  1. Barry J. Simon

    Contributor Level 9

    5

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . I think it is illegal to fire you for being off on medical leave, depending upon how long you were off. How long were you off and how long had you worked for this company before your accident?

  2. Sean Michael Patrick

    Contributor Level 16

    5

    Lawyers agree

    Answered . There isn't enough information here to fully evaluate your case. Typically in California, with a few exceptions, employers can terminate you for any reason at all, so long as it doesn't violate public policy (like reporting fraud, or discrimination). Based on what you have shared, it looks like you were off for a medical condition. Often times that alone doesn't protect your job. You should speak with an employment law attorney to discuss your potential claims. But interestingly, what are you doing about the motorcycle collision -- if someone else was at fault, you have a claim against them for your injuries and for any lost work because of those injuries. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  3. Christine C McCall

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . There is more here than meets the eye, but what that "more" might be in impossible to decipher.

    It is telling that in asking whether your former employer had a legal right to terminate you notwithstanding your verifiable medical injuries, your post goes on and on about who was allowed to be in your hospital room while you were receiving emergency treatment. That issue, of course, has nothing to do with your employment law rights or those of your former employer, There is presumably some factual and/or legal nexus in these disparate issues and questions, but we can't guess as to what that nexus might be. But in all events, no analysis based on what is obviously just a fragment of the critical facts can be reliably ventured.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  4. Armen Michael Tashjian

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . Seems like disability discrimination among possibly few other causes of action. You need to consult a lawyer.

  5. Marc Lazarus

    Contributor Level 14

    3

    Lawyers agree

    Answered . Contact an employment law attorney about the possible wrongful termination claim, and contact a personal injury attorney about the possible bodily injury claim.

    Marc Lazarus
    www.russellandlazarus.com
    (800)268-9228

    This answer to this questions is for general purposes only and does not establish an attorney-client relationship.... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Have a local employment lawyer investigate.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,977 answers this week

3,059 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,977 answers this week

3,059 attorneys answering