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Husband termintated, then demoted. 1 day before LOA for cancer. Cashed 3rd party checks okd by mgr, they say they were copies.

Claremont, CA |

Husband was first terminated from his employer because he attempted to cash a 3rd party check, our daughters check, with her signature, and a couple of statements claim they were photocopied checks. One statement by another employee states they were legal, which they were; they were telechecks. That statement was never used in the investigation by the way. They also state that policy does not allow third party checks to be cashed. He was unaware of this, but did get permission from two managers. The next day, the cash office notified them that this was not allowed, so he gave the money back, with no questions. Before he knew it, he was being investigated. He was terminated.
He fought this, and was re-instated back, but demoted, and relocated to a remote store, adding to our burden.

Attorney Answers 4

  1. You would be best served by seeking a consultation with an employee rights attorney in your area. You can find one on (link provided below). Although many more facts are required to analyze the situation, it is concerning that the title of your question indicates that your husband was to go on a leave of absence for cancer when the demotion occurred. I am certain that this is a very stressful time for your family. You should act at once to secure legal counsel who can guide you through the process.

    Best of luck to you and well-wishes for your husband,

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    Legal disclaimer: You can reach me at (805) 845-9630 or learn more about our firm and your employment rights at Avvo is a free service that enables you to obtain general information, not legal advice. My responses to questions on Avvo are not intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established by the execution of a written agreement for legal services.

  2. It is not unlawful to fire an employee for not following company policy. It is unlawful to discriminate against an employee because of his/her medical condition, including cancer. IF your husband believes that he was demoted BECAUSE of his med. condition and not as a result of the check or any other lawful reason, tell him to call an employment law attorney to discuss.

  3. There some complicated issues, which you need to discuss with an experienced employment lawyer. There may be an illegal adverse employment action based upon discrimination or interference with leave rights in violation of the Family Medical Leave Act, the California Family Rights Act and/or the Americans with Disabilities Act depending on th size of the employer and the hours worked.

  4. I agree with the other lawyers answers. If you can prove your husband was terminated, demoted and relocated because of Cancer then that would be unlawful. If he was terminated, demoted and relocated for failing to follow company policy then that would not be unlawful.

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