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  1. #1
    Join Date
    Oct 2013
    Location
    Roseville, California, United States
    Posts
    2

    Default Employer Wanted to Work With My Therapist to Allow Me to Return to Work

    My question involves labor and employment law for the state of: California

    I apologize for the font size. I'm using my phone and it isn't WYSIWYG

    So here is my story: I was hospitalized for suicidal thoughts at the beginning of July. I got out July tenth to find out I had been replaced by my employer. Looking back at it now, I wish I pursued legal discourse then but I was fixated on getting my job back and she was willing to rehire me though other co-workers were against it and some even feared for there safety as I was told by my employer. She wanted two things: papers stating I was cleared medically to go back to work and to talk, on phone or in person, to my doctor or therapist. I know how highly wrong that is but I needed my job back and found a therapist willing to talk to her for my sake. This then turned into wanting to have weekly meetings to rate my job performance and she wanted my therapist involved in that too. After many meetings about basically whether I was capable of working I finally, officially, Get my job back only to find out I will be on call only. I used to work full time so this was a blow. She gave me two days to work that month and on my way to that first day I decided it was best for me to quit. I never liked my boss and working for her was part of the reason I wound up in the hospital anyway. I have since been unable to find other work and I have lost my car and my house as a result. I collect disability but every last penny goes to debt and bills. So paying for any legal aid is also an issue for me.

    thanks for reading all that. Is it too late for me to act? Are there lawyers that work with low income people? Is there anything I can do? Please help

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Worried I Let Too Much Time Pass

    act on what?

    The only issue that is not clear to me is whether FMLA or CFRA would apply. If it did, then they erred in not returning you to your prior position so,

    had you worked for that employer for at least 1 year (not necessarily continuous time)?

    do they have at least 50 employees within a 75 mile radius of your place of employment?

    have you worked at least 1250 hours in the 12 months previous to your hospitalization?

  3. #3
    Join Date
    Oct 2013
    Location
    Roseville, California, United States
    Posts
    2

    Default Re: Worried I Let Too Much Time Pass

    I had been working there 2 years. Only about 13 employees. I guess I just thought I could do something about being replaced while in hospital or the unethical request of wanting to speak to my doctor or therapist. At the least.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Worried I Let Too Much Time Pass

    With only 13 employees neither FMLA nor the ADA applies, which means that there is no protected medical leave available to you. Nor is there anything unethical about wanting confirmation that you are medically cleared to work.

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