Legal Question in Employment Law in California

I\'m at work with out question all the time and continually finish my duties and cover for other areas as asked by the general manager.When Im sick the GM gets mad.What are my rights.Can he fire me for being sick.And does he have a right to be snotty that way even though he abuses my capabilities.


Asked on 7/29/09, 4:27 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You're an 'at will' employee that can be terminated any time for any reason, unless it is actual 'civil rights discrimination', which you didn't allude to, or unless you are qualified for FMLA leave.

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA maternity/medical leave when you are unable to work [or must care for an immediate family member] because of a ?serious health condition?, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider.

If you are out longer than those guarantees, they can fire you.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violated those rules, contact me for the legal help you'll need. I'll be happy to do so. I've been doing these cases for over 20 years.

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Answered on 7/29/09, 4:38 pm


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