Legal Question in Disability Law in California

is it illegal to because of illness?

told employer of my illness before hiring yet they fired me on the grounds of not passing the probationary period which ended Oct 13th 2004due to illness. firing date Oct 22 2004. Plus I have proof of time clock tampering.


Asked on 11/17/04, 2:16 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: is it illegal to because of illness?

since they knew of the 'illness' and hired you anyway, to have a case you would have to prove that they illegally failed to accommodate a known disability that you had requested accommodation on. Missing work for medical or other reason is grounds for firing in an 'at will' state like California, especially during probation. If you think you can prove illegality, contact me to discuss the evidence.

If time clock issues mean they owe you money, you have a wage claim you could bring at the Labor Commissioner.

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Answered on 11/24/04, 3:11 pm


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