Legal Question in Employment Law in California

Replaced by former employee while on disability from E/R surgery

I had E/R surgery.Wife called boss left message I would not be in. She called again left word that I had to have surgery. Both times she left her cell # he did not call.I called him when I was discharged(Fri)he started yelling it was my responsibility to call and wanted to know if I would be in monday I told him I just had major surgery. He said give me a date or I will replace you. I told him 6-8 weeks per my doctor and he hung up. I returned to work he told me it�s slow and he had no work. He said I picked a good time to be off & call in a month. He gave me my paycheck (from 8 wks ago) then a truck pulled in and his story completely changed. He said the new guy (my replacement) was not working 40 hrs.He ordered me to leave and started yelling really loud saying no one kept him informed and its not his problem. We are trying to find a house we have to be out in 15 days. Landlord prefer couples that both work. We have been at our jobs for over 3 yrs. With the time limit we have and having to put �unemployed� on our rental application is causing so much stress. My wife is overwhelemed and cries all the time. The stress is becoming unbearable. What can we do?

I was on disability and under a doctors care so can he do that?


Asked on 8/10/03, 1:21 am

1 Answer from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Replaced by former employee while on disability from E/R surgery

Need much more info to really provide a good response to your question. I need to know what kind of company, were your medical problems related to work, how many employees, whether anyone else was doing your job while you were there, etc., etc. While your boss' bad behavior is ridiculous, especially under the circumstances presented, his termination of you may not be actionable. Please call to discuss if you wish. 800-685-6950 Don Holben

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Answered on 8/11/03, 3:48 pm


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