Legal Question in Employment Law in California

My daughter got sick so she was hospitalized for 3 days & I couldn't work so my boss fire me even though I send him Dr notes about all the days I was off.what can I do


Asked on 9/18/14, 1:17 pm

2 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Hello,

If you were an employee entitled to FMLA under the law, then you might have a legitimate wrongful termination claim. For more information on FMLA eligibility, please read this: http://www.arkadylaw.com/employment-law-blog/what-is-fmla-family-medical-leave-act

You should contact an experienced employment attorney in your area to discuss this further.

Thanks,

Arkady Itkin

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Answered on 9/18/14, 1:22 pm
Kristine Karila Law Office of Kristine S. Karila

If your employer has at least 50 employees within a 75 mi. radius of your place of work AND you have worked for at least a year close to full time, you may have been eligible for FMLA leave. If not, you probably have no recourse. As the law is today, employers do not have to grant employee's sick leave or provide it at all. As of July 1, 2015, the law changes so that ALL employees must provide paid sick leave of up to 3 days per year for the care of the employee or the employee's spouse, child, etc. If you were not paid your final paycheck, including all earned and unused vacation or PTO (not sick leave), call an employment law attorney to discuss or if you were eligible for FMLA, call an employment law attorney to discuss. Kristine S. Karila, Employment Law Attorney

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Answered on 9/18/14, 1:29 pm


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