I was laid off upon my return from worker's compensation.
My supervisor initially refused to put me on light duty. I worked at full duties with a cast for the first month. I told the work comp. doctor what was going on and she explained it was illegal to forced me to work at full duties. I was sent home on worker's compensation since my supervisor refused to put me on light duty. I was out of work for about 5 months. I had to go thru physical therapy and finally after cortisone shots my pain went away and I started to regain my left thumb movement. I asked upon my return for medical leave as my doctor explained I could not hold off the surgery . I was later escorted to HR and told I was laid off due to company reorganization and my job position was no longer available.
Dan Babak YakobianEmployment / Labor AttorneyLos Angeles, CA ·
Yes, it sounds like you absolutely need to speak with an attorney before signing any severance agreement. Also, it is important that you speak with an employment attorney regarding your disability issues.
Athina Karamanlis PowersIdentity Theft LawyerBeverly Hills, CA ·
I will agree with the other lawyer.. Time is of the essence you need a lawyer ASAP.
Did you have a workers comp lawyer to represent you?
If yes address all issues ASAP.
Even without the underlying facts you have provided it makes sense to have an attorney review the severance agreement and your situation before you sign it. Keep in mind that a severance agreement likely contains a fully effective release of all claims you may have against the company, known and unknown. Therefore all possible claims you might have need to be explored and evaluated before you sign off on that release.
The one area that is of biggest concern based on your posted facts is whether your rights under the Fair Employment and Housing Act were violated when the employer refused to allow you to return to work when your doctor released you to return with restrictions. If at that time it was feasible for the employer to return you to your job by reasonably accommodating your restrictions, it was unlawful to refuse to do so. The analysis to determine whether the employer was wrong is complicated and needs far more information than provided here. However there is enough here to suggest the analysis should occur.
Other issues should be reviewed as well, including whether you were paid all money to which you were entitled, like minimum wage and overtime, whether you received all legally required meal and rest periods, whether you were provided legally appropriate paystubs, whether you received a final paycheck in a timely manner, and several other issues that should be vetted before you sign off on the release.
You need to move quickly. 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.
Good luck to you.
Craig Trent ByrnesWrongful Termination LawyerManhattan Beach, CA ·
It is illegal to discriminate against an employee with a disability, or with a record of having a disability. The Fair Employment & Housing Act ("FEHA") prohibits it. It is also illegal to discriminate against someone for filing a workers compensation claim.
Severance agreements usually require you to waive any claim you might have against the company in exchange for money. You would be wise to consider carefully whether the amount of money they are offering you is sufficient for you to give up any right to sue you might have against them.
If you believe that you have been discriminated against illegally, and you decide that you want to take action, make sure to do so within your statute of limitations or your rights may be lost forever.
You should have an employment law attorney read the severance agreement and discuss the particular facts with you to determine if you should sign it or try to negotiate more money since the facts you provide raise a lot of red flags. It is unlawful to fire or lay off an employee because he/she was injured at work or filed a workers' comp case. In addition, if the employee is on restricted duty, it is unlawful (and unwise) to require that the worker perform duties beyond light duty. Imagine if you were re-injured or your injury became worse because of the carelessness of your employer. Call an employment law attorney to discuss. If you sign the agreement, most likely, you will be waiving any right to pursue a claim for wrongful termination, etc. later. Find employment law attorney contact info on .com Kristine Karila, Employment Law Attorney
