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Job termination While on Disability

Berkeley, CA |

Hi All,
I need advice. I got a termination letter or so I thought. I filed unemployment for one month. My ex-employer said I quit. I was on CA State disability. I went to my hearing and my’s-ex Company said that "they did not know I was on disability, even though I communicated with doctors notes". So, I went to EDD unemployment court, and the judge gave me the opportunity to show my proof of disability from my doctor and proof of disability being paid from the state. I'm worried and stressed. Do I need a attorney? Or how should I handle?

Attorney Answers 3

  1. You definitely should see an experienced employment law attorney. If you provided your employer with medical documentation that you required a leave of absence due to a disability and the employer terminated you without any further discussion (i.e. what reasonable accommodations may be available), your rights may have been violated. Of course more information is needed before a legal opinion can be offered, which is why a legal consultation is in order.

    By then, you should have a decision regarding your EDD hearing, as well. This may be very informative for your attorney, regarding the employer's stated position on the matter. If you need a referral for an an employment law attorney in the Bay area, feel free to contact me.

  2. You should have an attorney review the doctor's notes that were sent to the employer and the transcript of the EDD hearing. You very well may have a disability discrimination and/or retaliation claim, however, you would need this document review and to provide a little more information before knowing for sure. You should consult with an attorney IMMEDIATELY as there are strict time deadlines on filing certain claims including an administrative complaint with the California Department of Fair Employment and Housing.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

  3. Hello.

    It would have been useful to have an attorney earlier, when you went to that appeals hearing in front of the judge. Right now, however, it sounds like you have done what you were supposed to do, presenting the right evidence and chances are you will prevail.

    Also, if you were terminated because of your medical condition, it's possible that you have a legitimate claim for wrongful termination based on disability discrimination, but more facts are needed to determine that.

    Thanks, and feel free to follow up.

    Arkady Itkin
    San Francisco Employment Lawyer