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I left work sick after having permission to leave work then suspended for two weeks fired a week into suspension

Friant, CA |

I came to work sick on 2/19 the gen. Manager told me who to call in so I can go home. After doing so, 2/20, I was suspended for 2 weeks. On 2/26, I was called to pick up my last check and was fired. Is that legal or can I collect unemployment?

Attorney Answers 2


  1. You posted a slightly more detailed version of this question yesterday and received multiple sound responses from exceptionally skilled and experienced attorneys. What possible utility is there in attempting to manipulate a different answer based on a tweaked set of facts?

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  2. Apparently you posted before, but I think I missed it. Based solely on these facts, if there was nothing else happening, like performance or attitude issues unrelated to your need for time off related to a temporarily disabling condition, it is possible you have a claim.

    It is important that you locate and consult with an experienced employment law attorney to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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