Legal Question in Employment Law in California

I recently had a week absensce from work due to a severe flu. As a result i was physically unable to take myself to the doctors and i had no available relatives or friends who could drive me to the doctors. I am feeling much better however i doubt a doctor would give me a sick note now that i am well enough to walk and most of the severe symptoms have passed. My question is, is it legal to fire me under those conditions and if it is what is my course of action. Do i pursue another job or can i make a big deal out of it and try and get my job back because honestly i hardly ever miss work and it would be stupid to purposely miss work if i have bills i need to pay.


Asked on 12/13/13, 3:17 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

I assume you are an at-will employee. If that is true, then yes, it is lawful to terminate your employment under these conditions. After all, an employer need not have any reason to terminate you at all -- at least your employment would have a reason in this case (perhaps not a very good one, but that does not really matter).

I suppose there would be no harm in asking for your job back -- just remember that your employer is under no obligation to re-hire you, based on the facts that you have presented.

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Answered on 12/14/13, 3:38 am
Terry A. Nelson Nelson & Lawless

"course of action?"

Look for new employment if fired.

"Big deal?"

Not only are there no laws in CA against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but 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 terminated any time for any reason, with or without �cause�, explanation or notice.

In your case, it wouldn't surprise me for the company to require a doctor's note before allowing return to work, to prove you are well, and/or to prove you weren't lying about being sick.

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Answered on 12/16/13, 1:40 pm


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