Legal Question in Employment Law in California
California (temporary SDI)- doctor initially gave me a note excusing me from work for three months. At the end of the initial three months, doctor gave me another note which excused me for an additional two months. I failed to provide my employer with this second note until five days AFTER the first note had expired, as I was out of town for Xmas/New Years, and was subsequently fired for the 5 days no-call no-show. To clarify, there was no "gap" between the dates which were excused, the firing was strictly because I had failed to call in.
-union employer/1000+ employees. I have worked there for six years, with several recent attendance issues- related to disability but before being diagnosed.
(Anxiety & depression, 50% / 50%) I was on 150mG Zoloft/day when I failed to call in, if that helps my case at all.
Is this a slam-dunk justified firing and, if not, what paperwork can I present to HR?
Thank you in advance.
1 Answer from Attorneys
Was your depression and anxiety work-related? if yes you may file a worker's compensation case for stress. Feel free to call me at 213-388-7070 for a free consultation.