Legal Question in Disability Law in California
wrongful termination
CAlifornia mental health discrimination - what evidence can an employer present? Is it limited to my personnel file?
2 Answers from Attorneys
Re: wrongful termination
They can present any admissible evidence they have or can find through discovery. That's what lawsuits are about. You didn't really think you could make such a claim and then hide your problematic background, now did you?
Re: wrongful termination
No. Since you are claiming that the employer acted improperly the employer is allowed to obtain any information that might lead to information that is admissible at trial. So since your health is in issue, the employer should be able to get all health records related to your claim. Unfortunately, what most health providers do is instead of going through your records to find and release for copying only those records related to the medical condition, they turn the entire file over for copying.