Comments on: Q&A: Terminated While on Medical Leave http://www.calemployeerightsblog.com/2007/01/16/qa-terminated-while-on-medical-leave/ Employment Law Firm Blog Sat, 23 Jan 2010 18:19:10 -0700 http://wordpress.org/?v=2.8.6 hourly 1 By: Karen http://www.calemployeerightsblog.com/2007/01/16/qa-terminated-while-on-medical-leave/comment-page-1/#comment-30293 Karen Sat, 25 Jul 2009 18:45:57 +0000 http://www.calemployeerightsblog.com/2007/01/16/qa-terminated-while-on-medical-leave/#comment-30293 I have been terminated 2 weeks into my medical leave. Is this legal? I have been terminated 2 weeks into my medical leave. Is this legal?

]]> By: Geo http://www.calemployeerightsblog.com/2007/01/16/qa-terminated-while-on-medical-leave/comment-page-1/#comment-28862 Geo Tue, 05 May 2009 04:59:20 +0000 http://www.calemployeerightsblog.com/2007/01/16/qa-terminated-while-on-medical-leave/#comment-28862 Hi I was an IT Manager for the medical provider company, i was informed this morning that I have been part of the layoff due to the dissolution of my department and outsourcing. However my buddy is still working there as an IT tech and he was not effected, I have been home for the past four weeks due to shoulder surgery. Does the employer have the right to dismiss me with the reason of "Outsourcing IT" yet my friend is still there? while I have been out on sick leave? The employer has offered as part of severance package half of my current pay for one month since I have been using my vacation time during my recovery. Do i have a Case here? AlsoCan I apply for works-man compensation? The employer has indicated if I apply for works-man compensation they will not honor the severance package. Look forward to your reply. Hi
I was an IT Manager for the medical provider company, i was informed this morning that I have been part of the layoff due to the dissolution of my department and outsourcing. However my buddy is still working there as an IT tech and he was not effected, I have been home for the past four weeks due to shoulder surgery. Does the employer have the right to dismiss me with the reason of "Outsourcing IT" yet my friend is still there? while I have been out on sick leave? The employer has offered as part of severance package half of my current pay for one month since I have been using my vacation time during my recovery.
Do i have a Case here?
AlsoCan I apply for works-man compensation? The employer has indicated if I apply for works-man compensation they will not honor the severance package.

Look forward to your reply.

]]> By: James Peters http://www.calemployeerightsblog.com/2007/01/16/qa-terminated-while-on-medical-leave/comment-page-1/#comment-23665 James Peters Tue, 15 Apr 2008 18:01:35 +0000 http://www.calemployeerightsblog.com/2007/01/16/qa-terminated-while-on-medical-leave/#comment-23665 @Freddy: Your first stop should be a Workers Compensation attorney. Often clients are unaware that employee-rights and workers compensation are distinct, highly specialized practice areas and most (good) attorneys do one or the other, but not both. Most workers compensation attorneys do offer free consultations. We often work hand-in-hand with your workers compensation attorney to bring claims such as the one you may have. Terminating an employee for taking a workers compensation leave is illegal under California Labor Code 132a, but it would take a review of all the facts to determine whether you have a case worth pursuing. @Freddy: Your first stop should be a Workers Compensation attorney. Often clients are unaware that employee-rights and workers compensation are distinct, highly specialized practice areas and most (good) attorneys do one or the other, but not both. Most workers compensation attorneys do offer free consultations.

We often work hand-in-hand with your workers compensation attorney to bring claims such as the one you may have. Terminating an employee for taking a workers compensation leave is illegal under California Labor Code 132a, but it would take a review of all the facts to determine whether you have a case worth pursuing.

]]> By: Freddy http://www.calemployeerightsblog.com/2007/01/16/qa-terminated-while-on-medical-leave/comment-page-1/#comment-22022 Freddy Wed, 19 Mar 2008 19:24:48 +0000 http://www.calemployeerightsblog.com/2007/01/16/qa-terminated-while-on-medical-leave/#comment-22022 What if you get injured at work and are on Workers’ Comp? I got injured at work and after 9m on disability I got a letter about Medical Leave i took it to my workers comp Doc and he filled it out and sent it back for me. Two weeks later i receive an other letter that says, You have been on medical leave of absence for nine months Our company policy states, employees off work for a total of nine months in any 12 month period are to be terminated from employment with the company. Is this legal? What if you get injured at work and are on Workers’ Comp?
I got injured at work and after 9m on disability I got a letter about Medical Leave i took it to my workers comp Doc and he filled it out and sent it back for me. Two weeks later i receive an other letter that says, You have been on medical leave of absence for nine months Our company policy states, employees off
work for a total of nine months in any 12 month period are to be terminated from employment with the company.

Is this legal?

]]> By: JohnPearson http://www.calemployeerightsblog.com/2007/01/16/qa-terminated-while-on-medical-leave/comment-page-1/#comment-13 JohnPearson Thu, 25 Jan 2007 04:47:37 +0000 http://www.calemployeerightsblog.com/2007/01/16/qa-terminated-while-on-medical-leave/#comment-13 Nice Post. That was well said. Always appreciate your indepth views. Keep up the great work! John Nice Post.

That was well said. Always appreciate your indepth views. Keep up the great work!

John

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