Legal Question in Employment Law in California

unlawful termination while on medical leave

I work as a Director of Nursing in a 56-bed facility. I filed for medical leave for an elective procedure for a total of 11 days (incl weekends). When I notified my employer that I will be reporting to work as planned, I was given a final check for no reason and said that resigning from the job is ''for your best interest.'' I was offered a severance pay equivalent to a month's pay. This company is only a year old. Is this fair? Should I accept the severance agreement and waive my rights as an employee?If it is on an employment ''at-will'' situation, is it unlawful if they do not disclose the reason for letting me go? I was not given a chance to even come back to work after my leave of absence.


Asked on 10/30/03, 6:52 pm

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

Re: unlawful termination while on medical leave

There are too many holes in the contents of your letter to properly answer your questions. It is not unlawful for them not to tell you why you are terminated. Call to discuss the rest.

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Answered on 11/05/03, 12:12 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: unlawful termination while on medical leave

It is not clear from your letter whether you applied for and were approved medical leave under the Family Medical Leave or California Family Rights Act. If so, you may have been wrongfully discharged. If not, there may not be any protection for taking time off to have elective surgery.

Unfortunately, there is no law that requires an employer to tell you why they are letting you go. You can, however, request to see what they put in your personnel file, and later follow up with EDD to learn what they were told as the reason you were let go.

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Answered on 11/04/03, 8:02 pm
Terry A. Nelson Nelson & Lawless

Re: unlawful termination while on medical leave

If you believe, and can somehow show, the employer is discriminating or retaliating against you for taking leave, you may have grounds for legal action, depending on the facts. There pay offer may be an indication they know there is a problem. You may be able to negotiate a better deal, or may be able to sue. Contact me if interested in discussing your options.

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Answered on 11/04/03, 8:13 pm


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