I had about 10 days off with doctor notes. I've been in contract with my boss and kept her up to date about appointment and when i went to give her medical release she asked for she told me my position had been filled. Is this legal?
I've changed this topic to employment law and hope you get good input now.
Note to Readers of this post: This response is mainly for informational purposes and to give the reader(s) some feel for the issues and direction to go. Proper professional conduct as a...
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.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline