Legal Question in Medical Leave in California
Wrongfully Terminated
I was wondering what I can do if anything about the way I was terminated. I went with my mother to nebraska because my stepfather had a heart attack in november and upon my return I was fired from my job.I was asked to return by the friday after we left but it was impossible for me to do so. My mother had rented a car and I was not on the rental agreement and I could not call my employer because they do not accept collect calls at my place of employment at that time. I had to wait until they released my stepfather in order to get home. Waht can I do? Do I have any rights here???
2 Answers from Attorneys
Re: Wrongfully Terminated
The Family and Medical leave Act requires employers to allow their employees to take up to 12 weeks of unpaid medical or family emergency leave, without any threat of firing or demotion.
However, there are some limitations. You must have worked for the company for at least 12 months, and they must have a certain number of employees before they come under that law.
You will need to provide a little more detail to get a good answer.
Re: Wrongfully Terminated
You have not provided enough information to answer your question. It is not clear if you were eligible for family medical leave to provide medical assistance to your step-father, informed your employer of the need for it, whether it was approved and what information, if any, the employer needed from you. If you were expected to return by a certain date, it is your responsibility to advise the company that leave needs to be extended for legitimate medical reasons. The fact that the company doesn't accept collect calls is not a very good excuse for failing to contact them about your situation.
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