Legal Question in Employment Law in California

Can I take legal actions agains my former employer for wrongful termination? Last Friday I gave my mgr. a restriction letter from my doctor. And he wasn't really happy about it. He kept insisting that, why the doctor didn't wrote down on the restriction letter my medical condition. That the doctors usually write down the medical condition, when they give restriction letters. And I said they don't. That they can't and it's illegal for them to do that, because they'll be violating my privacy. So then he kept insisting for me to tell him what was my medical condition that I have. And I told him that they don't need to know, and I didn't feel comfterble telling him. So he got upset and said, well I'll let corporate and Brandon know, who is the Vice President and the son of the owner, and see what they say. So on Monday when I went to work. My mgr. and Brandon were giving me like a mad look and they even ignore me like if I wasn't even there. When they always say good morning or a hey. Specially Brandon. So that Monday night I got a call from my supervisor telling me to don't come in tomorrow wich was Tuesday because supposly it was gonna be slow. And to come in on Wednesday at 9am when I start at 8:30am. So when I went in on Wednesday, I couldn't find my time card to clock in. So when I went in to the office to ask my supervisor, that I couldn't find my time card. He told me to walk in with him to the mgrs. office, so when we did. The first thing my mgr. told me was, unfortunetly Manuel we have to let you go. And the b.s. Excuse they gave me was, because of my poor performance and because it was slow. When I never had an issue with my performance, and if they supposly did have an issue with my performance, why they never brought it to my attention or gave me any kind of warning about it.


Asked on 1/15/15, 11:54 pm

1 Answer from Attorneys
David Sarnoff Sarnoff + Sarnoff

You may very well have a claim for wrongful termination/disability discrimination. California law, specifically the Fair Employment and Housing Act, known as the FEHA, requires that your employer provide you with a reasonable accommodation for a known disability. The fact that the doctor did not provide your diagnosis does not change that, and in fact, as you mentioned, he doesn't have to, and neither do you. All your employer needs to know is that you have a health problem or disability and that you need modified duty.

If you would like a more thorough analysis of your potential employment claims, please call us at (877) 877-2545.

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Answered on 1/16/15, 10:43 am


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