Legal Question in Employment Law in California

Last summer, a coworker took 2 months off to go to China. He came back with his job, same pay, no problems in getting shifts like he did before he left. This summer, I took a personal leave (not medical) for a cosmetic procedure. HR insisted that I can only take a maximum of 14 days of personal leave (the handbook states 30 days). My manager found out, off the record, that I was leaving for cosmetic surgery. As my 14th day approaches, HR insisted on getting a doctor's release note before coming back. The doctor won't give me a release note without restrictions for another 2 to 3 weeks. HR informs me that after the doctor releases me without restrictions, I can re-apply for a job. This would mean that I would lose my higher pay and higher position that I acquired through the year that I worked for them and I would come in at the bottom of the totem pole. I asked if I could re-apply for the same position and the manager said that there wasn't a need for that position at the time I re-apply. Knowing that someone took a 2 month vacation in the past, can they do this to me now?


Asked on 7/26/11, 2:25 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

CAN they?? They did.

Does it violate any law or give rise to a lawsuit?? Not unless you can show it is based upon illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA medical leave, Whistle-blower, or similar statutes, or specific written company policy. You said nothing to indicate that. Now if the firing was illegal under those definitions, feel free to contact me for the legal help you�ll need.

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. The employee's goal should be to keep the employer happy and make the company money. That�s how they pay employee wages.

Read more
Answered on 7/26/11, 4:35 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California