employ-at-will only applies if there was not some sort of written or verbal employment contract, and reasonable care was taken to hold the OP to the same standards as every other company employee. I've done my fair share of letting people go and have had to research this a few times. An employment lawyer is your best bet but just be sure to get a good one--i've come across quite a few lazy/inept ones.

 

Talk to an Employment lawyer. It may cost you a few hundred, but talk to a 400/hour lawyer not a cheap shiester. I knew of a great one in Sacramento, I"ll try to look up his name, he's supposed to be the best in Nor Cal.

Good luck. Hope everything goes will for your husband.

 

Damn! How cancers are so unpredictable! One day you're fine, the next, you're diagnosed with a cancer.

Btw, is this the same cheese factory you've always worked at?

 

FMLA is only for 13 weeks, so I think they are in the clear as far as the law is concerned.

 

I'm not sure what to tell you. You need to read through your benefits.

I know in my company, you have to be back at work 30 days to "reset" the disability clock. Otherwise you pick up where you left off. My company also has short term disability (as do many) which is 90 days and OPTIONAL long-term disability.

Did you elect disability, both short term AND long term? Did you FILE for disability? Your doctor doesn't put you on it, they approve/recommend it, and even then I think it is up to your company (although most grant short term with a Dr note, long term requires more than that).

Also, I'm not sure if you can do disability and FMLA consecutively. I think they run concurrent.

 

Call your local California state labor board.

 

Wow...Im REALLY sorry, but here is the reality. Not trying to be an a$$hole, just honest and helpful. You will lose this case, so if I were you, just save your money.

1)From your story, they have been VERY accommodating. They only have to legally go so far.

2)You operate machinery and are on anti-depressants....meaning, if their lawyer has half a brain, he will chew you up for it (you shouldnt be operating it)

3)Not all jobs consider depression a disability, and MANY, probably yours, consider it a liability.

In all honesty, as wrong, and crappy as it is, they have done nothing wrong. You are not under contract, and as far as my research shows me, California is still an employment-at-will state. You never want to get into a legal battle unless you are AT LEAST 80% sure you are going to win.

On a more personal note....it really is a terrible thing what you have been going through, and I hope your boss gets herpes from the way he has been treating you. They definitely could have helped you out a bit more, even if they no longer wanted to keep you on payroll.

I have recently been fighting a dual wrongful termination suit against 2 of my waiters, which I won, and we are now counter suing. It is VERY easy for the employer to get around a wrongful termination suit. As much as the situation sucks, it is still business, and they are legally not required to be sympathetic, as wrong as it is.

The best advice I can give you is, stay strong, take care of hubby, and seek employment somewhere else. The drama of a lawsuit will only add to your stress. Best wishes.

 

Get a lawyer. It won't cost you a penny, just you time. On a case like this lawyers take it on contingency. If they win they get a pecentage, it is high like 45 percent but thats the norm. Also never pay to consult with a lawyer. If your case is good enough they will consult with you free. Usually the ones that take your consultation money are not busy are just looking to make a quick buck. As soon as you leave they send the declination letter out. If you are serious about your case consult a lawyer because only a lawyer can interpret the law for you, and trust me there are many interpretations of it. California's at will law is a bunch of crap, doesnt really hold much water.

 

Seriously, WTF are you talking about? That is just WRONG.

No lawyer will take a case FOR FREE unless the settlement is going to be in the MILLIONS. No lawyer can guarantee his work, thus, no one will do it for free. If a lawyer EVER offers to take a case for free, he is worth less than his suit.

P.S. No self respecting lawyer does free consultations.

 

NFRs2000NYC sorry to say you couldn't be more wrong. What legal background do you have? I ran an employment law firm for 5 years. My boss who owned the firm got nominated for California Lawyer of the Year. He recently had the biggest verdict ever in Los Angeles County. I know what I am talking about. This is not defense work, these are Plaintiff's cases. Even Lawyers in car accidents, which net in low amounts, work on contingency. If they win they get a share of the profits. They dont say I'll charge you $375 a hour win or lose.

P.S. Companies don't determine disabilities, the state and federal govenrment do.

Quik S2K if you need more help feel free to PM me and I will try my best to give you advice. I am not a lawyer but I can try my best with my knowledge to help you.