fORCED ONTO DISABILITY AND NEVER REHIRED

[rockinz2]

What is the name of your state (only U.S. law)?
What is the name of your state (only U.S. law)?
ca, Nearly two years ago my 38yr.old friend was basically abandoned by her employer after being told she was being put on disability for an mild injury. She had been employed by the co. for 8yrs., had an excellent record, and was making 50-60k per.yr. After a two month period taken to heal and expecting to return to work. the same manager who insisted she go on disability refused to answer her calls and never did to her knowledge supply a reason.
The setback for her had a deep psychological impact. After a bout with depression she attempted to find work in her industry(employee relocation), could not and ended up impoverished while investing her time developing a health insurance business with her boy friend(another legal issue).
She never did file for unemployment and did not file for compensation until recently. She has a hearing date set for Sept. 24, 09.
What are her chances of winning an award? If so, what formula would be used and would she be entitled to back pay? Has the statute of limitations run out?What would be her burden of proof? Any help appreciated.

 

[cbg]

On what basis was she "forced" onto disability? When was she cleared to work by her doctor? Were there other layoffs at about the same time? With whom is she filing for compensation? What kind of compensation? Did she ever file any kind of complaint with any regulatory agency?

This information is needed to answer your questions.

 

[Beth3]

A doctor would have to certify that your friend was medically unable to work in order for her to qualify for disability benefits, so I don't understand how she was "forced" onto disability.

She never did file for unemployment and did not file for compensation until recently. She has a hearing date set for Sept. 24, 09. If your friend hasn't worked for two years, she hasn't earned any wages during that time so she wouldn't qualify for UC benefits.

What are her chances of winning an award? If so, what formula would be used and would she be entitled to back pay? The UC Division doesn't provide "awards" nor back pay. Are you talking about something ese?

 

[cbg]

I read this that she is claiming some kind of wrongful term, possibly disabilty discrimination, and is looking for that kind of compensation/award.

 

[rockinz2]

Wrongfull Termination

Thank you Beth3 and CBG I will get those answers ASAP....in hindsight she feels strongly that her managers "insistence" that she go see a doc to get "clearance" was a first step in terminating her. "Forced" was the way it felt to her at the time. Going for answers.....

 

[Beth3]

I read this that she is claiming some kind of wrongful term, possibly disabilty discrimination, and is looking for that kind of compensation/award.

Agreed. But she's not going to get that from the unemployment division.

 

[cbg]

Agreed.

But's it's not clear that the UC commission is who the hearing is with.