R
Rocky17
Guest
- Jurisdiction
- California
I suffered a stroke in March 2016, after I had just left work for the day. I filed for disability. I am recovering slowly and my Dr. recommended I return to work with modifications. I still have some physical limitations and I also have high BP and anxiety. I contacted my employer and we met on June 16, to discuss my return to work. She stated that the company was struggling financially and they may decide to eliminate my position and create a new position that is part-time with basic office duties. I asked if they would be advertising this new position to other applicants? She did not respond with a definite answer, only that they were discussing the possibility of that happening. As we discussed my disability, we both agreed it would be best for me to return part-time and I suggested to modify my position according to my Dr.'s recommendation, which sounded like this new position they were discussing. We also agreed on date of my return and I would of July 5, and I would submit a formal request for accommodation by email. I emailed my request on June 20th, I also asked about my hours and work load. She responded on June 22, and stated, she would give me more a more outlined description of job responsibilities, pay, benefits, etc. On Friday, July 1, I received a letter by courier, from my employer. It was a letter of termination effective June 30th, of elimination of my position due to changes in business practices. The letter also stated an offer of a demoted part-time position, with hourly wage. As a part-time employee, benefits are not offered, but as an hourly employee, I would be eligible according to the benefits mentioned in company handbook. But the company handbook is being restructured at the moment. There was No mention of my request for accommodations, nor was my disability referred to in any way. However, she did refer to our conversation on June 16. There was no Cobra, HIPPA, or any EDD information provided. To accept this offer I would need to sign this letter contract, and I would start new position on Tuesday, July 5, 2016. I did not sign this letter. I emailed her, and stated that I don't believe it is in my best interest to sign this agreement and will notify you how I will proceed. I have contacted the EDD, JAN (Job Accomodation Network) and legal aid for guidance. Please let me know if this is wrongful termination and several other violations.
