Legal Question in Employment Law in California

Yes. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

It may very well be ILLEGAL for your employer to fire or write you up for this.

If your employer has 50 or more employees and you have worked for the company for at least 12 months and have worked at least 1250 hours within the last 12 months, your employer must comply with the California Family Rights Act (CFRA) and Family and Medical Leave Act (FMLA). You are protected by CFRA and FMLA if the condition you were diagnosed with is a �serious health condition.� A serious health condition is one that makes the employee unable to perform the functions of his or her position. Although a cold or flu is ordinarily not an incapacitating serious health condition, it may be treated as a serious health condition where the illness results in incapacity for more than three consecutive days and the employee receives continuing treatment. The law prohibits employers for retaliating against employees (including by writing up or firing the employee) for taking time off to obtain treatment for serious health conditions. Thus, if the condition you went to the doctor for was a serious health condition, your employer knew it was for a serious health condition, and the employer wrote you up or fired you because you went to the doctor for this condition, you may have a lawsuit.

If your employer employs 5 or more employees, the employer must comply with the Fair Employment and Housing Act (FEHA). The FEHA prohibits employers from retaliating against an employee (including by writing up or firing the employee) for taking time off for treatment of a disability. A disability is basically a medical condition that limits an individual's ability to participate in major life activities (i.e. makes performance of these activities more difficult). Thus, if the condition you took time off to see a doctor was a disability, the employer had enough information about your condition to be on notice that you may have a disability, and the employer wrote you up or fired you because you took time off to see a doctor for the disability, you may have a disability discrimination lawsuit.

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