Legal Question in Employment Law in California
Unlawful Termination?
After 18 years on the job (I can't tell you the name of the company but the intials are AT&T) I was on a Medical (stress) Leave for 2 months. When "their Doctor" certified me able to return to work, I reported back 1 day later than I was told to and was then fired for "Job Abandonment". Can they legally do that? What options, if any, do I have? Thanks
1 Answer from Attorneys
Late Return After Leave.
More information is needed to completely answer your question. Company policy, the documentation generated by you, your doctors and the employer will all be relevant.
However, in general, employers may establish a policy regarding late returns from leaves. Termination in the event of a late return is often an element of such policies.
Finally, if a leave is as a result of a job related injury, Labor Code Section 132a which prohibits discrimination against an individual who has filed or made known the intention to file a workers' compensation claim, may prohibit certain adverse employment actions, including termination.
The above is meant to assist in a general understading of the subject matter. IT IS NOT TO BE REGARDED AS LEGAL ADVICE AND NO ATTORNEY - CLIENT RELATIONSHIP HAS BEEN ESTABLISHED. Companies and individuals with particular questions should seek advice of counsel.
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