What are my rights to return to work if I was in a car accident about 9 months ago and my doctor put me out on temporary disability?

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What are my rights to return to work if I was in a car accident about 9 months ago and my doctor put me out on temporary disability?

I was released and taken off disability insurance as of Feb 1, after multiple attempts of contacting my employer and having them avoid me. When I am able to have conversations with her, she doesn’t give me a straight answer when I ask if I am getting put back on the schedule. Last time I spoke with her, she said that business has slowed down and she needs to think about the situation and talk to her cousin, who acts as a manager, and she would let me know by this past Monday in regards to my status. I tried contacting her on Monday but she still hasn’t responded to me. Where do I go from here?

Asked on February 3, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You should not be denied a job because you were on disability; but if the company truly, legitimately experienced a downturn and does not need as many employees, they do not need to re-employ you if they simply don't need you. So the question is, do you believe her? If you don't, then you may wish to either speak to your state's equal/civil rights agency and see if they can help (on the basis that this would be disability-related discrimination) or else speak with an employment law attorney about possibly bringing a case.


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