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Can I sue my old workplace

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. Best answer

    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. 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 may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


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


  4. 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 as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  5. 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. You should contact an attorney right away to further examine the issues in your case.

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