Legal Question in Business Law in California

Work demands in spite of medical excuse from doctor

I have been ill since July 6, 2004 and my physician has written a number of medical excuses stating that I am to rest at home until well. The latest was dated August 12, 2004 and states that I should remain in my home for 10 days. On Sunday, August 15 the Program Adminstrator phoned me to demand that I come into work for an urgent issue with a resident. I informed him that my doctor told me to stay resting at home and had already eMailed him a copy of the doctor's note as a PDF attachment stating the same. He insisted that I needed to get into work immediatly and take said resident for a screening with the Emergency Screening Unit. When I reiterated about my condition and doctor's order, he insisted that I needed to get into work and take care of this situation immediatly and personally. I did so, but now feel even more ill and exhausted than before his order. Do I have any legal recourse?


Asked on 8/16/04, 6:41 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Work demands in spite of medical excuse from doctor

If demands are such that a reasonable person would resign, you may allege that you were constructively discharged. However, to have a cause of action against your employer, the discharge must be against public policy. Is there an underlying reason based upon discrimination or other unlawful reasons that your employer may wish to terminate you? Call me directly at (619) 222-3504.

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Answered on 8/17/04, 6:07 pm


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