Legal Question in Employment Law in California

Dad's will lose his job - Help!

I'm concerned about my dad. He's nearly 70, still working, and health isn't great. About 9 wks ago, he had a heart attack and has been ''on leave'' (for which kind, don't know).

He's improving, but Dr's say he may not be his old self (personally/professionally) for about 2 wks, but added that if he *had* to return sooner (so not to lose job/livelihood),he could try part time.

Dad's certain he'll lose his job any day now. (And although I'm not thrilled w/ of him work again, I'd prefer this on his terms/when he's ready (if he's legally entitled to that.). He's also not sure yet if he has enough $ to retire (which makes this dilemma even more sensitive and time bound).

Facts:

A. He's in sales (stressful; probably caused the attack!)

B. His employer is a small, maybe 15 employees

C. He's worked for company 9 yrs

D. He has NO paperwk or brochures about leave options/law

E. He has NO HR contact person to relay this info

F. He is starting to get State Disabiltiy Insurance payments

QTNS:

1. ''B'' means company is not covered under FMLA or CA FMLA due to small size of co, right?

2. When can his company legally fire him? Anytime based on ''at will''?

3. If he is not ready/able to go back to work, or goes back


Asked on 6/02/06, 6:42 am

2 Answers from Attorneys
Alice Q. Robertson The Cartwright Law Group, APLC

Re: Dad's will lose his job - Help!

Generally employees who have been with a company longer than a year are allowed up to 12 weeks of unpaid leave if the employer has 50 or more employees within a 75 mile radius. It still may not be ok for the employer to terminate at the end of that time if it is because of a disability or if the employee requires additional finite leave as an accommodation. I would urge you to consult with a local attorney immediately, to get more information and make sure your dad's rights are protected.

Read more
Answered on 6/12/06, 4:08 pm
Alden Knisbacher knisbacher law offices

Re: Dad's will lose his job - Help!

Ditto re: find an attorney quickly. There are several other issues here -- your dad may well have a workers compensation claim re the heart attack; if he is able to return to work part-time, that is an accommodation that the employer may be required to make under California's disability discrimination laws. Finally, remember that this is as good a time as any for your dad to review his estate planning. If your dad will need to go on Medicare there is a 3 year lookback period, meaning that Medicare will consider his assets (and ability to pay) based on his income and property held 3 years before the qualifying event. It makes sense to deal with estate planning issues now. . . . good luck.

Read more
Answered on 6/12/06, 5:10 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California