Sorry for the off-topic issue, but I need some advice.
9 months ago, my wife had neck surgery to fuse some herneiated (sp?) disks. She has been on disability leave since then and just yesterday, we got a notice in the mail from her employer stating that they couldn’t hold her job for her and that they are terminating her (effective yesterday).
A week before the notice came, my wife’s employer called her and asked her how long she expects to be out. My wife replied that she wasn’t sure when she’d be able to return to work. The employer then called the doctor and the doc told the employer that there’s no way to tell how long she’d be out for.
In talking with some friends, they told me that I need to hire an attorney. They state that my wife should get some kind of severance (she’s been w/ the company for 6 years) pay and that there is grounds for a wrongful termination lawsuit. We live in California, if that matters at all.
employment law is different from state to state and your rights as an employee vary. I would definitly see an attorney to see if you have any rights, but most companies are really careful to cover themselves in these situations. Good Luck.
is it a big company? A lot of companies i know just couldnt afford to have somone employed who hasnt worked in 9 months and wont work any time in the forseeable future. Was the injury work related?
I have no idea about California law. Where I work we are subject to the Fed family leave act. If you have been there one year you get up to 12 weeks, after that the company does not have to hold your job (or a like job). You still may be able to get short and long term disability.
rom your post it sounds to me like the employer did everything they could do to figure out when she would be back. how long are they suppose to wait without an answer. they should probably just hire a temp until there is a resolve in her employment status. i’m sure they have a business to run and just for a moment put yourself in thier shoes. what would you do.
As luck would have it, I am an attorney who represents employees in various types of wrongful discharge cases. However, I practice in Colorado and am not familiar with Cali. law. I do, however, know or know of several excellent employment attorneys in Cali. If you will let me know where in Cali. you live, I can refer you to a good attorney as near by as possible.
Sorry to hear it. Can’t really answer your question, but I can tell you this. California labor law states that any unpaid income and vacation pay is due to you on your last day of employment. The company should have Fed-Exed your wife a check for any outstanding pay/vacation. Technically, there is a penalty of one days pay(up to 30 days) for each day they are late with this.
The above service is free and is sponsored by the SD County Bar Association. Call the “800” number listed there, and you’ll be given the names and numbers of SD attorneys who practice employment law.
Better to get word of mouth referrals from friends or other lawyers.
Bar referrals are sometimes questionable. I.e. those who have their names on the referral lists are the ones who need help finding clients. Like a mechanic, you usually want the one who keeps busy based on reputation - not advertising.
Michelle Reinglass of Laguna Hills is an excellent employment attorney. Her phone # is 949-587-0460. If you are not satisfied with her, drop me a note and I can get you another name. Good luck.
I think that the employer was probably in the wrong when they contacted your wife’s doctor. That alone could get them in hot water from a doctor/patient confidentiality standpoint.
My college buddy, Jim Godes is a Labor and Employment Practice lawyer with Foley and Lardner in San Diego. He’s a great guy and a great lawyer. Here’s a link to his bio:
Let’s see. Your wife’s company held her job for nine months and paid her not to work. Now you are suing them. I hope someday you own a business and have employees like your wife that work for you. My understanding of capitalism is that you run a business to make money, not give handouts to disabled people. I don’t like to cast stones, but please help me understand why your wife’s employer should be sued.? Unfortunately I am sure there is a feeding frenzy of lawyers ready to represent your wife.
Tri_yoda,
And perhaps that is just the excellent expert legal advice Red Dragon will get from shredder’s referral. Then he can turn to the Bar Association for a referral to a lawyer more interested in billing clients than dispensing expert legal advice.
I want to ad my sentiments to the post by wantstoridetoofast. You’ve got a lot of gall. Your wife is out for nine months on a dissability that apparantly has nothing to do with work and she can’t say when she will be back. Her employer has held her job all this time while she collected. So now you want to sue! Great! Where has to employer wronged her? I hope the employer will fight you and your greedy lawyer and you don’t get a penny. I think it will only be fair for your wife to ad this to her resume when she goes back into the job market!