Legal Question in Employment Law in California

Unlawful termination

I went out on sick leave for surgery. I have been employed there 4 yrs. During this off time the first surgery did not take and I was required to have a second surgery. I have been off 5 mos. and was expecting to return in 2-3 wks. Then I received a letter of separation. Can they do this to me without warning ?


Asked on 2/10/03, 7:26 pm

3 Answers from Attorneys
Craig Silman The Law Office of Craig M. Silman, Jr.

Re: Unlawful termination

It would depend. According to the ADA an employee is entitled to indefinite unpaid leave as a reasonable accommodation as long as it is not an undue burden on the employer. However, there are probably other standards under different laws and regulations. But the ADA trumps state laws.

Without more facts it is hard to give a more concrete answer. However, you can file a complaint with EEOC or the Department of Fair Employment and Housing.

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Answered on 2/12/03, 11:59 pm
Frederick Choi Law Offices of Frederick H. Choi

Re: Unlawful termination

Based on the limited facts, and depending on the employer's policies, it appears that you may have been treatly improperly. If you are in the area, please contact our office for further consultation.

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Answered on 2/12/03, 11:39 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Unlawful termination

By law, employers are only required to keep your job open for up to 12 weeks, within a 12 month period, for a serious injury or illness, assuming all other qualifications are met. Unless the company has an established policy of providing longer periods of disability, there is no obligation on their part to keep your job available.

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Answered on 2/12/03, 12:02 pm


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