Legal Question in Employment Law in California

Is This Legal

I went to the Dr.and he had me take 1 1/2 weeks off from work due to illness and want to hospitalize. When I went back to work I was given an ultimatum of taking another position at a lower pay or to be terminated. Is this legal for them to do? Do they have to give me sick and personal days inwhich I donot get?


Asked on 1/31/06, 1:35 pm

2 Answers from Attorneys

Patrick Turner Patrick E. Turner Inc. APLC

Re: Is This Legal

There is no requirement that an employer provide personal days or sick days, and under some circumstances, the employer can terminate you for not coming to work. That said, you may still have claims for disability discrimination and/or violation of California' Family Rights Act and the federal Family and Medical Leave Act. You should consult with an employee rights attorney or an admininstrative agency regarding your legal protections and rights.

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Answered on 2/11/06, 12:06 am
Alice Q. Robertson The Cartwright Law Group, APLC

Re: Is This Legal

It depends on a number of factors, including the length of time you have been employed with the company and whether your disability affects your ability to do your job. Please feel free to give us a call to discuss this further, or send an email with a good time to call you. Thanks!

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Answered on 2/11/06, 12:40 pm


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