Legal Question in Employment Law in California

Employment Termination

I was put on light duty by my cardiologist, my employer was unable to accommodate this, told me to apply for unemployment, fill out the Family Leave Act Form. Told me I was not terminated and I can return to work when my light duty restriction is lifted. My Treadmill Perfusion test was completed, which showed my heart was normal. My doctor released me from light duty with no restrictions. I shared this with my employer on 3/6 the next day they fired me. This all happened between 2/11/08 and 3/7/08. They never approved or disapproved my Family Leave Act without pay request. The employer on 2/19 informed me I was not terminated, and on 3/7/08 I was let go, supposedly because my job was elimated. Do I have any legal recourse or remedy. Thank you.


Asked on 3/10/08, 11:35 pm

1 Answer from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Employment Termination

It doesn�t sound like it to me. It appears that the termination would not be unlawful based on the supplied facts. Assuming that you were an at-will employee your employer may terminate you for any reason as long as it was not an illegal reason. However, you should consult with a local employment lawyer about your request for FMLA.

Good Luck!

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Answered on 3/22/08, 2:33 am


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