What to do if I was on disability leave since early last year and my employer advised me several months later that my position had been eliminated?

Employer is an international law firm elimiated my position due to “business reasons”. However, my position would not have been eliminated had I not been on disability leave. I was the lead secretary of a department of lawyers and secretaries and had oustanding reviews. I am not concerned about returning to my original posiiton, as I am permanently disabled and unable to return to work. I just want to receive the compensation due me (bonus payment due last year and my 401k firm contribution that was not paid. I am on “unassigned status” with no benefits. Am I entitled to severance?

Asked on July 31, 2012 under Employment Labor Law, California


Jerry Webb / The Webb Law Firm

Answered 8 years ago | Contributor

it is unlawful for an employer to discriminate based upon a disability. however, if you are unable to do the job essential duties because of a disability then it would not be discrimination. persons with a disability must be able to do the essential work. that said you may have a claim for failure to pay the compensation you mentioned. you may seek assistance, at no cost to you, from the department of labor. you may also seek help from an attorney close to you.

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