Can an employer fire an employee who complied with a 72 hour notice and the absences are excused in writing?

Asked over 1 year ago - Oakland, CA

I was recently sick I gave my employer documentation . Via email I was told my absences were excused and they stated if though it is not clear on the dates . I was informed by a source that if they don't get notes which the have they will terminate me on a certain date . Now I have not been informed by writing and have spoke to this person whom did mention it to me . They notified the advocate about this . Since they excused it and are now bringing this up again if they terminate me what legal rights if any would I have ?

Attorney answers (3)

  1. James Carl Eschen III

    Contributor Level 16

    2

    Lawyers agree

    Answered . You need to state a lot more facts. Who employs you? Are you a member of a union.

    Generally, employees work at will, meaning that either the employer or employee may end the relationship at any time, for any reason. Your employer's termination of you because of some paper mix-up is pretty lousy, but it is not unlawful. On the other hand, it would not prohibit you from getting unemployment benefits.

  2. Marilynn Mika Spencer

    Contributor Level 20

    2

    Lawyers agree

    Answered . It's difficult to follow what your wrote. You said "Now I have not been informed by writing and have spoke to this person whom did mention it to me . They notified the advocate about this." What is it you were not informed in writing about? What do you mean by the "advocate"? Is this a union representative?

    There are various sources of POTENTIAL protection related to your medical status.

    If the condition is due to a disability as defined by law, the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA) and the California Fair Employment and Housing Act, California Government Code sections 12900, et seq. (FEHA) may provide some protection. Please look at my guide on the ADA: http://www.avvo.com/legal-guides/ugc/employment... and also on the differences between the ADA and California’s more generous FEHA: http://www.avvo.com/legal-guides/ugc/employment.... The ADA applies to employers with at least 15 employees; the FEHA requires only 5 employees. These laws protect you from discrimination (adverse treatment) DUE TO disability and also require the employer to provide reasonable accommodation (change in the manner in which work is done) so you can do the main parts of the job (essential functions). A leave of absence can be a proper reasonable accommodation.

    There is limited protection if the illness or injury is caused by a serious medical condition as that is defined by law. You may be protected under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA) and the California Family Rights Act, Government Code section 12945.2 (CFRA) if all of the following is true: (a) your employer has at least 50 employees who work within 75 miles of one another; and (b) you have worked for this employer for at least one year all together, even if not consecutively; (c) you have worked for this employer at least 1,250 hours in the immediately preceding year; and (d) you have a serious medical condition as defined by the FMLA. The FMLA allows employees to take leaves of absence from work without repercussion, up to a maximum of 12 weeks per year. Leave can be in increments as short as fractions of an hour.

    Please look at my guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA) to see if that law applies in your situation: http://www.avvo.com/pages/show?category_id=6&pe.... California’s CFRA is the same as the FMLA in all areas other than pregnancy disability and enforcement.

    Finally, if the condition is due to on-the-job injury, is caused by work or is made worse by work, California’s workers' compensation laws may provide some relief. To find a workers' compensation attorney, please look at the membership list of the California Applicant Attorneys Association (CAAA) http://caaa.org/cs/. CAAA is the strongest bar association in California for attorneys who represent injured workers.

    Your rights under each of these three laws are independent of one another. That is, you may be entitled to protection from each of these laws at the same time.

    Employment law is complicated and fact specific. You may wish to speak with an experienced plaintiffs employment attorney. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area. Many CELA attorneys represent clients throughout the state.

    I hope you can resolve your situation and wish you the best.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more
  3. John Noah Kitta

    Contributor Level 19

    2

    Lawyers agree

    Answered . Your questions raise quite a number of different issues. Any response to you would vary upon whether or not you are in a Union; if your employer has a policy manual, and if so, it would have to be determined whether or not your employer violated the policy manual. Otherwise, your employer could fire you for any reason at any time as long as it is not discriminatory (i.e., race, gender, handicap, age...).

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,203 answers this week

3,145 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,203 answers this week

3,145 attorneys answering