Legal Question in Employment Law in California

Terminated from Medical Leave

I was given a medical leave from work for 5 days from my Dr. I sent the note to my employer - while out, my employer sent me a termination notice stating excessive absenses. Is this legal and do I have any recourse?


Asked on 5/27/08, 6:07 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: Terminated from Medical Leave

Hello. You are likely to have a claim for disability discrimination. Because you were fired shortly after you took a disability leave of absence, this creates, if not proof - at least a strong presumption that you were terminated because of your disability, which is illegal under the Fair Employment and Housing Act.

I practice in Sacramento and the Bay Area, so if you have any further questions, please feel free to follow up. Thanks.

Read more
Answered on 5/29/08, 12:12 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California