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?
3 Answers from Attorneys
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.
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.
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