Employment Law- My keeps stating that i am not fired/laid off after workers compensation settlment. EDD has official started...

Asked over 2 years ago - Chatsworth, CA

paying benefits. I have been released to work with restrictions which they claim they can not accomodate I have physical evidence stating otherwise.I have filed with DFEH and EEOC waiting on EEOC. What steps should I take next ? I know I need a lawyer . Any recommendations would greatly appreciated. Input to. =)

Attorney answers (3)

  1. George Ellis Corson IV

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . ADA and FEHA require Employer to make reasonable accommodations if you are able to do the Essential Job functions. If you are unable to do the Essential Job functions of your position, with or without reasonable accommodation, you are not returning. Your job is only really safe for 12 weeks of FMLA, and after that they are actually fairly free to replace you.

    If your Employer cannot accommodate your restrictions, your claim may involve a Supplemental Job Displacement Benefit, which is essentially a Coupon for retraining that has no real cash value. Hiring a Certified Specialist in Workers' Compensation would probably be a smart move for you.

    Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.
  2. Brett A. Borah

    Contributor Level 20

    Answered . I agree with Mr. Corson and Mr. Keener. Unfortunately, Mr. Corson is probably too far away and he does defense work but otherwise a good choice.

    Find a good lawyer here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in California who represent injured workers. Or you can call me for a referral. Good luck.

  3. Russell Greer Keener

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Call George Corson and hire him or someone else trustworthy to help you. This forum is no substitute for your own good trusted lawyer like George. Good Luck!

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