Legal Question in Employment Law in California

Last week I took off 4 days because of a Gout Attack. Came back to work not feeling 100% better didn't want to call in sick. The first day back it got much worse...the second night it got worse and worse as the night progressed. In the morning I could barely walk and told my manager I can't come in. He told me that if I din't come in I was fired. I couldn't come in so now I'm fired...they don't offer benefits and I make to much to get on any type of program in my county.


Asked on 8/04/11, 12:04 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

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 employee wages.

However, in your fact situation, you may or may not qualify for medical leave under FMLA, but you should discuss that with the company, and present your position that you were entitled to leave protection, and that they should rescind the firing to avoid a legal claim against them. Politely but firm.

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Answered on 8/04/11, 11:24 am


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