Legal Question in Disability Law in California
''Retroactively'' fired after employer was notified of my leave of medical disab
I was recently put on medical disability by my doctor. 3 hours after receiving the notification from my doctor (I was put on leave for 3 weeks and have previously used 1-1/2 weeks of sick leave), I received an e-mail from my employer telling me that as of the previous Friday, they had terminated my employment. So I guess my questions are:
1. Can they retroactively fire me after receiving a notice from my doctor that I was on medical disability leave? Can anybody be ''retroactively'' fired?
2. If they can fire me, they didn't give me my paycheck on the final date (2-13-04) and to this day I still have not received a payment. What can I do to collect the money due?
3. By the way, they are a privately owned business and I only get paid once a month. Isn't the state of California the only entity that is allowed to do that?
Thanks!
1 Answer from Attorneys
Re: ''Retroactively'' fired after employer was notified of my leave of medical d
From the facts you present, you may have a disability discrimination case against the employer. More facts need to be reviewed for a better assessment.
If the employer was really going to fire you on Friday, you should have been paid all money due you on Friday, a strong indication you were only fired after learning of your going on disability. Now, the employer is liable for the equivalent of a day's pay for every day they are late in paying you, up to a maximum of 30 days.
If you are an hourly employee, you should be getting paid twice a month.
You need to see an experienced labor law attorney as soon as possible to help assess your case more accurately and help you take the correct steps in dealing with this employer.
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