Legal Question in Employment Law in California

I reside and work in California. I have been on medical leave since November 2015 and returning on March 1, 2016. My employer has contacted me and states that there is a need to speak to me immediately. I requested to communicate via email. They are known to make false accusations regarding one's character.

The initial reason for their call was to give me updates on our business. Then I stated, "Oh ok, great! I would love to hear about all the store updates. I'm scheduled to return to work on March 1, as I am still on my medical leave. "

Now twice, they have emailed me and stated "we really need to speak to you on the phone."

Based on the first few words they started to say before our call got disconnected, I'm certain they are gong to terminate me. Regardless of the reason, am I obligated to be in contact with them? And, can I remind them that this is harassment? I'm supposed to be on medical leave, yet they are pushing to talk to me.


Asked on 1/21/16, 8:48 am

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

I cannot see how avoiding your employer's call would benefit you in any way. If they intend to terminate you, then they will do it whether you answer the phone or not, If that's not the case, then you are just causing your relationship with your employer to deteriorate for no good reason.

Although technically it is likely improper for them to contact you while you are on leave, this doesn't rise to the level of unlawful harassment under the law, so if you are able to call and speak with them briefly, it's probably best to do so.

Thanks,

Arkady Itkin

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Answered on 1/21/16, 12:37 pm


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