Legal Question in Employment Law in California

Termination while on medical disability

I was terminated the reason was job abandonment. Is this possible my Dr. had me on medical leave due to extreme depression. My spouse had been taking my job the doctors notes. They stated I was suppose to call human resources, but I was in no condition to speak to anyone. My doctor wanted me to not deal with any thing stressfull. So I didn't call, I thought the doctors notes were enough. Should I get a lawyer, do I have a case. I have been with the company 9 years.


Asked on 6/16/04, 4:39 am

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Termination while on medical disability

Possibly. Did they offer family medical leave? Must have enough employees to fall under this Fed package or under similar one by CA.

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Answered on 6/21/04, 12:04 pm
Scott Linden Scott H. Linden, Esq.

Re: Termination while on medical disability

It depends on several factors;

1. Were you on Medical Leave? Were you ever given formal FMLA documentation?

2. Is there a company handbook? If so, what does it say regarding medical leave?

3. How has the company handled similar situations in the past?

If you feel you would like an attorney's assistence, please feel free to contact me at 626-578-0708 or online at www.CorporateProtectionServices.com

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Answered on 6/18/04, 3:38 pm


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