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Dealing with a disability of any kind is frustrating on its own. In these situations, you need income in order to survive – but what happens if your employer challenges this? You are entitled to certain rights as an employee. If you were retaliated against by your employer for collecting disability, you may have the ability to sue them. How does this process work? Read on to find out…
In these situations, there may be several different claims at play, and thus, different time frames must be kept in mind. For example, for a California employee, a claim for retaliation for taking a medical leave may be brought under either Federal law or California law. The California statute has benefits and terms that require that available damages that are not recoverable under Federal law.
It is possible that you may have California and Federal claims relating to disparate treatment based on your medical condition. If this is the case, discrimination based on a perceived disability under the Federal ADA law and the California equivalent may be something to consider.
Some disability claims require that an employee file with an administrative agency before filing a court case. Not until an employee receives a “right to sue” letter from the appropriate agency can they file a lawsuit. This is because they may risk a lawsuit or dismissal for failing to obtain this letter. The administrative filing outlines the basis of the wrongful conduct, much like a complaint in a court case would do.
A deadline to sue also called the statute of limitations for a claim can be complex in certain employment matters because of the multiple deadlines and differences between State and Federal law. Below is an outline of the different time requirements as of June 2023 indicating the statute of limitations.
An employee who believes his or her rights under the retaliation under The Family and Medical Leave Act FLMA) have been violated has the choice to:
It is important to note that in these cases no “right to sue” letter is required.
As an employee of a California company, you may consider bringing a claim for retaliation under the California equivalent to the FLMA, referred to as “CFRA,” against your employer. This state law claim would require that you:
In some cases, disparate treatment for medical conditions and discrimination based on perceived disability may be something worth pursuing.
Under both California and Federal law, these claims require that an employee file with an administrative agency and obtain a “right to sue” letter before filing a court case. This includes California’s DFEH for state claims, and the Federal EEOC for Federal claims.
If this is the case:
Once you have a “right to sue” letter:
These deadlines are very important. The safest course of action is to adhere to the shortest deadline to file administratively to preserve all the potential claims.
Our office is proud to serve Monterey, Santa Cruz, San Benito, and San Luis Obispo counties.
If you are considering a lawsuit and have not already done so, ask the employer for a copy of your personnel file – including all onboarding documents, the employee handbook, all policies, and exit documents. You should also request a copy of all documents relating to your medical leave.
For assistance with this, Attorney Jeannette Witten stands by to advocate for you no matter what. To get started with an initial consultation, contact our office today!
Note: The Information Provided On This Website Is For General Informational Purposes Only And Is Not Intended To Be Legal Advice. The Content Of This Website May Not Reflect Current Legal Developments And Is Subject To Change Without Notice.