Legal Question in Business Law in California

Re: employee leave of absense

I'm not a specialist in employment law, and maybe someone out there can come up with additional law or policy that bears upon your situation. Also, you haven't provided enough facts for an attorney to apply the law to your particular circumstances.

Having said that, I can think of five concepts of law that might apply to you and be helpful:

1. You may have rights if you are a member of a protected minority class and can show discrimination;

2. You may have rights under laws requiring certain large employers to give advance notice of large-scale layoffs, e.g. when a plant is to be closed. These laws do not apply to all employers nor to all reasons for layoffs.

3. You may have rights under the specific leave-of-absence agreement with your employer, i.e. you may have formed a contract that assures you of work. This is a very fact-specific issue.

4. You may have contractual rights for other reasons, e.g. your union contract gives you seniority rights, or you have an unexpired employment contract.

5. You might have rights under laws allowing unpaid leave for jury duty, military, maternity, family problems, etc., but these laws don't apply to all employers or all reasons for leave, nor do they necessarily guarantee work if you would have been laid off if you hadn't been on leave.

If there are other laws or policies I am not aware of them. You can ask the California Labor Commissioner's office for further advice (see the Government section of your phone book, look for Industrial Relations Dept., Labor Standards Enforcement).

Re: employee leave of absense

File for unemployment benefits and if it is denied appeal. Call me directly at (619) 222-3504.