Legal Question in Employment Law in California
Terminated after calling the EAP provided through company
I was recently terminated from my
position with a large company on
5/18/09. On 5/15/09 I placed a call
with the Employee Assistance
Program for behavioral health
because I was experiencing many
personal hardships that had been
affecting my job. Given my situation,
is this just cause to pursue legal
action?
2 Answers from Attorneys
Re: Terminated after calling the EAP provided through company
Depends. The starting point is that you are an 'at will' employee that can be fired any time for any reason. However, if you can somehow show the firing was evidence of the company's failure to accommodate a 'disability', or a retaliation for making a request for help/accommodation of a disability, then you may have grounds for a claim. If the company had independent grounds for termination such as poor performance or attitude, or can show termination was not related to your call, that would be a defense. While the circumstances sound suspicious, the burden is on you to prove your case. If you think you can, feel free to contact me.
Re: Terminated after calling the EAP provided through company
Depends. The starting point is that you are an 'at will' employee that can be fired any time for any reason. However, if you can somehow show the firing was evidence of the company's failure to accommodate a 'disability', or a retaliation for making a request for help/accommodation of a disability, then you may have grounds for a claim. If the company had independent grounds for termination such as poor performance or attitude, or can show termination was not related to your call, that would be a defense. While the circumstances sound suspicious, the burden is on you to prove your case. If you think you can, feel free to contact me.
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