Legal Question in Disability Law in California
Termination
My daughter is disabled and had gone through alot of abuse with her ex-husband. Her Dr. had her on medical leave because she was having serious mental problems. She was terminated because she didn't respond to her employer. She had been faxing them the Drs notes but had misplaced one and it was late so they terminated her. Can they legally do that?
1 Answer from Attorneys
Re: Termination
Without more information, it is difficult to form an opinion. Generally speaking, employers have the right to be kept informed about the status of an employee on medical leave and when they are expected to return. This is true, even if the employee is on family medical leave or disability leave.
If your daughter provided her employer with a doctor's note saying she would return on a certain date and failed to do so, without any further contact, what is the employer to believe? They will usually consider her to have abandoned her job.
Leave laws are complex. If you or daughter believe the employer acted improperly, she will need to consult with an experienced employment law attorney to review all of the facts to get the proper kind of opinion and advice she will need.
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