Legal Question in Medical Leave in California

Lay Off after Medical Leave

My wonderful boss has been fighting breast cancer since December. She worked as much as possible through chemo and radiation and is now back full time. Shortly after completed all treatment as returned to work she has been told to find another job. She is not getting any assistance from HR, etc., can they do this without a valid reason?


Asked on 9/09/07, 5:47 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Lay Off after Medical Leave

It is unlawful to discharge or otherwise discriminate against an employee because of having cancer. But since you are not directly involved, you may not have all the facts. It will be up to your boss to seek legal assistance, if this is something she is interested in doing.

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Answered on 9/10/07, 11:43 am
Terry A. Nelson Nelson & Lawless

Re: Lay Off after Medical Leave

If she took no more than the allowable FMLA leave, then her job is protected. Retaliation or termination would be actionable. If she is in SoCal, have her contact me to discuss her rights and remedies.

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Answered on 9/10/07, 1:26 pm


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