Legal Question in Employment Law in California

My fiance has sustained an injury outside of work. Because of it she has missed a Wednesday working and coincidentally the pain has come back the following Tuesday night. Her boss however falsely believes that she is skipping her Wednesday duties by calling in sick and has threatened to remove her of her Wednesday work hours completely if she misses another day. Now I had to listen to my fiance cry all night due to pain and now has to get up early in the morning and go to work which may exacerbate her existing condition. Is there any legal action I can take against her boss?


Asked on 10/26/11, 1:36 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You? None unless you are a licensed attorney.

Even if you were, not only are there no laws against 'unfair treatment' or poor management, but 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. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

An employer is obligated to provide 'REASONABLE' accommodation of a legally recognized, permanently life altering, disability upon proper medical certification of your disability and specific medical requirements necessary to accommodate you, IF accommodation can be done without substantial burden to the company, and IF such accommodation will allow you to still perform ALL the essential functions of your job.

Now if the firing was illegal under those definitions, feel free to contact me for the legal help you�ll need.

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Answered on 10/26/11, 1:55 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Adding to Mr. Nelson's comments, if your fiance's employer is large enough to employ at least 50 or more employees, she may be eligible for FMLA/CFRA leave, whereby the employer would have to allow her to take time off due to a serious injury or medical condition. If she does work for a large employer, have her contact an employment law attorney to evaluate her rights and obligations. This would be something your fiance must do. You have no rights in this situation. As her fiance, all you can do is be supportive.

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Answered on 10/26/11, 8:52 am


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