Legal Question in Employment Law in California

Can my employer appeal my unemployment for "lack off attendance" when I had adhered to company guidelines by getting my shift covered while dealing with my chronic illness?


Asked on 2/23/18, 3:49 pm

1 Answer from Attorneys

David Sarnoff Sarnoff + Sarnoff

Are you saying your employer terminated you because you weren't showing up for work because of a chronic illness, even though you had your shifts covered? Was your employer aware of your chronic illness? California's anti-discrimination law, the Fair Employment and Housing Act ("FEHA") makes it illegal for an employer to terminate an employee because of their disability. So, depending on the nature of your chronic illness and your employer's knowledge of your illness, as well as some other factors (such as the length of your employment, among others), you may have a claim for discrimination under the FEHA. You should discuss your situation with an employment attorney as soon as possible to get a more in depth evaluation of your potential claims. You can contact our office at (650) 393-4995 for an initial evaluation.

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Answered on 2/23/18, 3:56 pm


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