Legal Question in Employment Law in California
I was Director of patient Accounts for a Hospital System. I was diagnosed with bone cancer in January of 2011. I started radiation treatment, which I discussed with my CFO and received his OK to take time during the day to receive those treatments. In march of that year I went to the emergency room at the advice of my Oncology doctor after experiencing severe arm and chest pains and was subsequently admitted. After being in the hospital - which was where I worked for two days, I was told I would be released at 8:00AM that morning. Unadvisedly I swiped in at a kiosk that was on the hospital floor with anticipation of going to work shortly thereafter. However, after speaking to the heart doctor who examed me, he wanted to run additional test before discharging me. I subsequently was not discharged until approximately 2:00PM. After hearing his diagnosis, I went home after being discharged. The next day I returned to work, however, I did not adjust my time from the day before. Approximately a week later I was called into the CFO's office and was told by the corporate HR Director that I was being terminated for punching into work but not showing up. When approached with this, I basically indicated with all the things going on with my health and the prior experience in the hospital, I did not think to adjust my time. I know I was an "at will" employee, but is there any defense I might have for what has caused unbelievable financial stress. I no longer have health insurance to address my cancer and I have not been able to find additional work.
2 Answers from Attorneys
Would you have been health costs covered if you werent terminated?
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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side note: you should have been provided COBRA conversion. Failure to do so may be actionable.
Yes, you are 'at will' unless you have a written contract. Yes, they claim you were fired for cause. But, if you think you can make and support a decent argument that the 'cause' claim was a pretext to get rid of you because of the medical condition, you would have a claim under the discrimination and retaliation laws. I'd be willing to discuss that, and your options with you. You've got nothing to lose.
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