I was in a car accident when i went to give my release To my boss she said she filled my position. Can she do this?
2 attorney answers
This is your second question of the same type. The answer is the same.
Unless you work for an employer of less than five employees, your employer had an affirmative legal duty to reasonably accommodate your ten day leave, and could only deny it if it would somehow create an undue hardship on the company, of if you were replaced for reasons completely unrelated to your injury or need for leave.
It would benefit you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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I've changed this topic to employment law and hope you get good input now.
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