Legal Question in Employment Law in California

Labor Law

My brother works for a fairly good-sized company that has always, for years paid him under the table. He has developed a medical problem which is almost debilitating at times. He is undergoing testing and diagnoses at this time. This has caused his productivity to drop. He has not been allowed the time-off to seek medical treatment, i.e, he can go to the Dr. after his work is done. Now he has been threatened with termination because he can't ''keep up''. Does he have any recourse?


Asked on 8/31/08, 12:44 pm

2 Answers from Attorneys
Yass McNeil

Re: Labor Law

Depending on certain facts, such as the size of the Employer (i.e. 50 or more employees), and his medical condition he may have recourse under The Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA).

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Answered on 9/02/08, 3:40 pm
Terry A. Nelson Nelson & Lawless

Re: Labor Law

He has a few rights and remedies. If he was not on the books with benefits, he could file a claim with the Labor Commissioner that might result in him getting benefits retroactively, if that is what he is seeking. That would also create some 'protection' for him against discriminatory or retaliatory firing. If his concern is actually only to avoid firing, then he should know he is probably protected by the various medical leave laws. He needs to consult with counsel for advice and help. Have him contact me if serious about doing so.

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Answered on 9/02/08, 6:33 pm


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