Legal Question in Employment Law in California
In California, Can my boss fire me because my child was sick and I had to take time off? We currently do have an employee handbook states that an employee need to give at least minum 30 days in advance for a vacation application. However, a child's sickness is a sudden event that no one can plan. If I was discipline or fire because of that. is it legal?
3 Answers from Attorneys
Depending on several factors, you may have a case against your former employer for wrongful termination. Please feel free to call Eisenberg & Associates, where I am an attorney, for a fee consultation: (213) 201-9331.
You're right to question this as it appears to be a violation of the Family Medical Leave Act (Federal) and/or the California Medical Leave Act (state law), which protects worker rights in this type of situation which is not a vacation. But it depends on facts that you did not provide to us, such as how long you have been employed there, whether you are part time or full time and how many hours you have put in. You should consult an attorney. I hope this helps.
I agree with the previous answers. If you are in Northern California, feel free to give me a call. I have offices in San Francisco and Walnut Creek, and conference facilities throughout the Bay Area, as well as in Sacramento.
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