Is this Wrongful termination ?

Question

I am sick i have a decease that causes me a lot of excruciating pain and doctors had released me from work for a while due to the heavy medication that i was on.

when i was diagnosed with this i was working @ and eye doctors office and the refused to provided medical insurance. so had to go out on my own to get it all cared for.I gave my boss a copy of all the doctor paper work showing that i needed to be off of work and they ok'd it they just said that they wouldn't be paying me for the time that I'm off.

Now today i returned back to work and they have fired me. On my 1st day back they have fired me !

what can i do ?

is this considered wrongful termination?

I am in the state of CALIFORNIA

Answer 1

This should point you in the right direction and hopefully  help you out.  Good luck.

http://www.ca-osha.com/posters.html

Answer 2

How long did you work there?

How many hours a week did you work?

How long were you out?

Under FMLA, they need to give up to twelve weeks of unpaid medical leave, but only if you've been there more than a year and work more than so many hours a week.

Answer 3

It is only wrongful termination if you were fired on the basis of race, s*x, age, sexual orientation, national origin, gender identity, & disabilities.  

If your condition was actually documented as a disability it would be considered wrongful termination.  So, an employer can still fire you even though you have been sick for sometime and it has not been documented as a disability.  So it is rude and mean to have you terminated, but they are still able to fire you especially since California is an at will to work state.  

Answer 4

No, but the employer should have advised you in advance that they no longer needed your services. You didn't say how long you were off and this could be the reason. Sorry, but employers need to have employees who are available for work.

Answer 5

Well you the did not state whether this office is a private or govt owned firm.  But with all indication it must be private.  The terms of agreement regarding the employment matters a lot.

They have no legal backing terminating your appointment because you presented doctor's report which they okyed and there is agreement for no payment of salary at that period.  Without stating that you should not border to resume work when you are well and not communicating  before you resumed raising your hope as still at their service how come they want to fired without notice.

Please go through your terms of engagement once more and see what was stated there if in favour of you please suit them immediately if not please look for job else where those people are inhuman.

Answer 6

If you can't show up for the job you aren't working.  They hire people to do a job.  You, apparently, can not show up and do the job.  Doesn't sound like wrongful termination to me.

Answer 7

no , unless you have a specific agreement or contract with severance .

They can always say they did not like your attitude , performance , attire...etc.

Sounds to me like you weren't performing well.

Answer 8

Well there are some details missing from your story. As a couple of examples. How long were you gone? Would what ever you had or have be of any danger to the doctors patients? If I assume that you were gone only a very short time and what you had or have is not a danger to the doctors patients it sounds like you have a justifiable action against your employer.

Answer 9

Depends on the amount of employees in the company, and on California state law regarding medical leave, etc.  Employers do not have to provide medical insurance - it's a voluntary benefit.  

Sounds like it's a small company and usually small companies do not have to hold a position for an employee out on medical leave because it would burden a small company too much.

If they have terminated you, you should be able to collect unemployment though.

Answer 10

The answer is maybe.  There federal standards about taking personal and family medical leave.  

A lot of it depends on how much time you worked prior to taking the time off.  How long you were out, if you are able to do your job and why you were terminated.  

If they terminated you because they found another person to do your job then you might have a case.  You will need to check with your department of labor about your rights concerning Family/Medical leaves.

Good Luck

Answer 11

You might very well have a case if you had made an agreement for the unpaid time off and they fired you, although you would have to be able to prove that they fired you because of your disease (decease means to die).

Maybe call a few lawyers and see if they will take the case 'pro bono' - meaning that they get paid when they win.

Otherwise, chalk it up to experience, and go find another job.

I can understand an employer not being able to be flexible enough to work with someone who has to miss work like that, but at the same time there are laws to protect people from being discriminated against due to chronic illness.

Good luck!!

Answer 12

They do not have to provide you with medical insurance if it's not part of what they provide for employees - and even then that insurance won't cover pre-existing conditions. If you cannot do the job for which you wer ehired they have an absolute right to terminate you.