Legal Question in Employment Law in California

My cousin is an illegal immigrant here in los angeles, however he was working in a steel company one day he had a very bad tooth ache asked if he could go to the dentist but his employers told him no. He worked monday through saturday, dentist are not open on sundays at least none around the area where. When he could not take the pain anymore he went to the dentist it turned out he had a huge infection where his cheeck and lips where swollen they had to pull out three teeth because he did not go to the dentist when he first felt the pain. The dentist ordered him not to go to work for four days and gave him a note for work and called and told his employer when he returned to work they told him he was fired and they no longer wanted him there. Is there anything he can do about this?


Asked on 9/29/10, 12:47 pm

1 Answer from Attorneys
David Sarnoff Sarnoff + Sarnoff

California law generally prohibits any employer from firing someone for taking a protected medical leave, even if the employee is undocumented. Your cousin is likely entitled to all protections against unlawful discrimination and retaliation, including retaliation for taking a medical leave or for suffering a disability, including the need to take time to recover for a dental infection.

Your cousin needs to speak with an employment law attorney in order to fully assess his rights. If he wants, you can have your cousin call my office at (213) 536-4236, or he can visit our website at www.sarnofflaw.com for more information.

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Answered on 10/04/10, 1:14 pm


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