Legal Question in Employment Law in California

i called out sick from work today and have been sick a hand full of times over the last few months. I have never been written up for calling in sick, I however just received a call from a fellow co-worker saying that he had seen a letter sitting in the office addressed to me by management that they were going to suspend me without pay for a week for calling in sick. Is this legal for them to do this? Also shouldn't all personal things regarding me be kept where other employees are unable to view them?


Asked on 2/14/11, 7:19 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

An employer is not allowed to 'discriminate' against a legally defined "disability", by any adverse employment action like termination, demotion, harassment, hostile environment, etc. An employer is obligated to provide 'reasonable' accommodation of a disability upon proper notice of valid medical requirements, if accommodation can be done without substantial burden to the company, and accommodation will allow you to still perform all the essential functions of your job. Violation is grounds for a lawsuit. Every case is determined upon its merits and all the facts. Temporary or normal illness or injury is not covered or protected by those laws.

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. Now if the firing was illegal under those definitions, feel free to contact me.

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Answered on 2/15/11, 4:19 pm


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