Legal Question in Employment Law in California

job abondonment

I was termintaed from my job for abondonment, eventhough i contacted my mgr, and she approved the 2 week leave via voice mail (which i have saved) in the voice mail the mgr states she contacted HR and approved the leave. they fired me after 5 days for abondonment stateing i did not notify them. they now also state i fired for my performance. I was written 2 times in 14 years. On my last write up, it stated i would not be terminated if i stayed out of trouble for 6 months. I was not counseled again for another 10 months, right before i became ill and was terminated. can they do this?


Asked on 7/20/05, 1:00 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: job abondonment

In California, you are presumed to be an "at will" employee and can be terminated without cause with some exceptions. For example, you cannot be terminated for reasons that are a violation of public policy (i.e. race discrimination, gender bias, etc.) If you have a contract or collecting bargaining agreement, there may be terms in the agreement that limited the employer's ability to terminate. You have not indicated enough facts to show if any of the exceptions apply. You need to discuss the specifics of your case with a local employment law attorney that can more properly advise you on your remedies, if any.

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Answered on 7/21/05, 4:41 pm
Patrick Turner Patrick E. Turner Inc. APLC

Re: job abondonment

From your question, it would appear that you requested and were granted leave. Assuming you qualify for, and the employer is required to provide FMLA leave, there may be a violation of your rights. Also, you referenced in "illness" which may indicate possible discrimination. Your circumstances will require an in-depth consultation with an employee rights attorney.

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Answered on 7/21/05, 5:42 pm


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