Legal Question in Employment Law in California

I came down with bells palsy at work I am a commercial driver working 13+ hours a day in extreme heat our company doesn't have insurance I am on Obamacare and I give my boss the literature that the doctor gave me that it could take up to a year to recover from this situation my right eye still isn't closing all the way and it's almost been a year I was fired on June 5 because he said I missed too many days I feel on comfortable driving at night with the semi for the simple fact that everyone's family drives next to me and I wouldn't jeopardize my family or anyone else's family I thought it was law that California employers must provide medical insurance and overtime to their drivers


Asked on 6/09/16, 12:47 pm

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

Whether your employer must provide healthcare depends on how many employees it has. If you were a nonexempt employee who worked over 8 hours in a workday or over 40 in a workweek and there is no proper "alternative workweek schedule" (employees work 4 days/wk. 10 hr. days) then you must be paid overtime. If you are not on an alternative workweek and not paid overtime, call an employment law attorney to discuss. Also, if you were fired BECAUSE of your medical condition, you may have a case for unlawful discrimination and/or wrongful termination if your employer did not "reasonably accommodate" your medical condition up to the point of undue burden on the employer and assuming your employer had at least 5 employees, including you, when you were fired.

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Answered on 6/09/16, 3:44 pm


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