Legal Question in Employment Law in California

Is there a law that states an employer cannot use a sick day as a result of discipline? I have a doctors note that states I was to be out of work.


Asked on 6/06/11, 2:33 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If by discipline you mean you were suspended for a day or more without pay, then no, you don't get to try to game the system by demanding pay for that day because you got a doctor to say you were sick, nor do you get to turn that into a sick day unless you serve another day of suspension, all of which would require approval from the employer.

Not only are there no laws against 'unfair treatment' or poor management, 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 fired any time for any reason, with or without �cause�, explanation or notice. The employee's goal should be to keep the employer happy and make the company money. That�s how they pay your wages.

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Answered on 6/06/11, 3:00 pm


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