Legal Question in Medical Leave in California

medical leave of abcense

my mom was on a doctor ordered stress leave for about a month. her employers are going through lay offs and they have been for the past year now. while she was on her med leave she found out on a weds. that she had been layed off last fri. is thier any legal action that can be taken?


Asked on 8/27/08, 1:50 pm

3 Answers from Attorneys

Lisa Howard Law Offices of Lisa M. Howard

Re: medical leave of abcense

What was the reason for your Mom's termination? If she were fired for taking authorized stress leave, then she might have a case. But, you admit that the company was already going through layoffs. The only other possibility is if your Mom had a contract of continued employment which is unlikely.

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Answered on 8/30/08, 2:32 pm
Lisa Howard Law Offices of Lisa M. Howard

Re: medical leave of abcense

What was the reason for your Mom's termination? If she were fired for taking authorized stress leave, then she might have a case. But, you admit that the company was already going through layoffs. The only other possibility is if your Mom had a contract of continued employment which is unlikely.

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Answered on 8/30/08, 2:32 pm
Arkady Itkin Law Office of Arkady Itkin

Re: medical leave of abcense

Hello. If it was a legitimate lay-off, then no illegal conduct took place. But if you believe that the true reason for laying her off was other than lay-off (discrimination), then it might be worth looking into.

If they are going through a mass lay-off, though, what they do is likely to be perfectly legal.

Thanks,

Arkady Itkin

http://www.sanfranciscoemploymentlawfirm.com

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Answered on 8/29/08, 5:54 pm


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