Legal Question in Employment Law in California
Wrongful termination
I am a cashier. I had a blood vessel burst in my leg.
I kept going to work few more days and got really sick. The day I went to ER I had a family member call the manager and inform him of my illness. I did not ask for workers comp as HR informed me we do not have it. From Emergency I have provided the papers showing I was not allowed to stand for a week. My manager was informed I could not come to work for the next week and I provided the papers per the Employee�s book; upon written medical conditions my management had to decide if I could perform my job for that week. I was never contacted and when I came with an extension from my doctor for 2 more weeks to rest at home, I was told I was out because I did not call in, which I did. Also, there is no provision for sick days benefits and they verbally claim the first three sick days are not paid, but they refused to give me the written policy for this. After over two years with the company, when I barely had a bathroom break in a shift, not to mention never having the 2-15 min. breaks, my manager told me ''I need people to be available�. So, now I am sick, without my 10-day sick pay and out of the job with a �voluntary-quit�, I cannot even get unemployment.
Thank you
3 Answers from Attorneys
Re: Wrongful termination
It sounds as though there are many labor laws being violated at this business (no workers' compensation insurance, no breaks allowed and depending on the size of the employer, possibly an FMLA violation) to name a few. Probably, with a little more digging, other violations can be uncovered with such an employer.
There is no simple answer for this. You will be best served by seeking legal advise from an employment law attorney in your area, who can take the take to get all the information and investigate.
For now, file for unemployment and if denied, appeal the decision asking for a hearing. It is not your fault you lost your job and you should be able to get benefits.
Re: Wrongful termination
It appears you have valid claims that you may wish to pursue, however, need more information such as how many total employees, etc., etc. Call to discuss and/or set an appointment. 800-685-6950.
Re: Wrongful termination
You have a worker's compensation claim. Whether or not you have a wrongful termination claim requires more information. Call me directly at (619) 222-3504.
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