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How much do you think i will win in an employment disability case and wrongful termination? what factors do they consider?

California City, CA |

i was hired on at kaiser in southern ca as a medical assistant, i did my medical exam and it showed i had surgery for scolosis in 2002, i had a letter saying i couldnt lift over 25 lbs without accomodation. Kaiser then took back there offer to hire me for that position due to my previous injury. ive hired a lawyer but im just wondering what the process is and how long it will take and what factors they consider. Thank You!

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Attorney answers 1


If you've hired a lawyer, these are all topics he or she should have discussed with you during your intake consultation. If they did not, you should ask them as they are in the best position to assess your case and provide you with details of the process. A simply response is that your complaint, if for discrimination under the ADA, should be filed with the EEOC and State human rights commission. Once there, the EEOC/State office will investigate your claim. They may also offer mediation to you and your "almost" employer. The EEOC will either find "cause" or "no cause". Cause may allow the EEOC to file suit on your behalf or negotiate a resolution on your behalf. A no cause will allow you to move forward with a private lawsuit. After six months, your attorney can ask for a "right to sue" letter and file suit on your behalf in private litigation. It is impossible to guess at what your damages would be without understanding more of your case's facts.