Legal Question in Employment Law in California

Sickness caused by employer results in termination

I was a dedicated employee. My boss's boss was very angry with me one night because he expected me to go to work and solve a problem. The on call person called me from home at 10:00 PM on a Saturday night and told me to go into work in his place. I told him that he would have to call my boss. My boss's boss called me. I was never asked to go to work. My boss's boss confessed later that he did not ask me to go to work because he was very angry with me.

A few weeks later, I had a short discussion with my boss's boss again. Again he was very angry with me. He used his management power to have me put on administrative leave. During the administrative leave, I developed a bipolar mental illness. After a week of leave, I was in jail and then the hospital. The next day, my employer called me in the hospital and fired me. I believe that I was in the hospital because of a stress related illness that was caused by my employer. I believe that my employer violated the FMLA and the ADA. They claim that I threatened to destroy their computers. I would never do that.

Do I have a valid legal case?


Asked on 11/06/99, 2:44 am

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Sickness caused by employer results in termination

It does not sound like a very good FMLA or ADA case to me but if you think you had a stress related injury from work you might want to consult with a worker's comp. lawyer.

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Answered on 11/09/99, 2:27 am


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