Legal Question in Employment Law in California

Termination for excess abscense due to medical reasons

If an employee takes many days off for doctor visits, colds, sickness etc and is then fired, is there a cause of action.. All days off were medically documented by a physician..

Can they deny unemployment insurance for termination based on this?


Asked on 10/21/98, 7:24 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Termination for excess abscense

You MAY have a claim if the employer is covered by the family leave act and if the number of missed days are within the amount allowed by the act. Other wise, they can fire you. Re unemployment, you can only be denied it if you were fired for misconduct. too many sick days is not misconduct.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201


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Answered on 12/31/98, 1:10 am


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