Legal Question in Employment Law in California

I had a question to see if this is justifiable. I have requested a week of non pay personal time off because I have a personal issue I need to take care of out of work and I have seen and have heard from other supervisors that employees have asked for time off with out pay to handle other issues and they have been granted I have seen people take one paid week of vacation and another week of non payed vacation with no problem. So what im trying to get at is this a justible cause of getting terminate if I have asked them for time a month in advance. I trully belive its becuase I got injured at the work place and my claim just finished and this was the perfect oppurtunity to get rid of me. Becuase I have never got in trouble in the whole 5yrs I have started not even one write up. Can you please help me get an answer if possible. Thank you


Asked on 9/27/12, 8:50 am

1 Answer from Attorneys
David Sarnoff Sarnoff + Sarnoff

I guess the question I have is this: why do you believe you were fired because you were injured in the workplace and your claim just finished? Are you talking about a Workers' Compensation claim? If so, what was your injury?

It is generally unlawful for an employer to take any adverse employment action against someone because of their injury or because they requested time off from work to recuperate for that injury. However, this can also be a fact-specific inquiry. There are many factors that go into this determination.

If you would like more information, please visit our website at www.sarnofflaw.com and complete our Confidential Online Case Evaluation Form. That will give us much of the information we need to conduct an initial assessment of your situation and any potential claims you may have.

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Answered on 9/27/12, 10:57 am


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