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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I am in the state of California. In December 2011 I broke 2

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I am in the state of California. In December 2011 I broke 2 ribs slipping on ice. When I cane to work on the following Monday my employer asked if I was on any pain pills I said yes Vicadan. They said for me to go home until the doctor released me from the Vicidan, I went on a weekly basis to the doctor to monitor my condition. It took a month for a final release. Now they are useing my absence against me in a review. Is this right. They told me to go home I showed up to work.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, unless you were on FMLA protected leave, your employer could use your absence against you as an at-will employee.

While it definitely isn't right or ethical for your employer to use the absence against you in a review, it is, unfortunately, legal.

This is due to the employment at-will doctrine, which is codified in California Labor Code Section 2922, which states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

Since your employer could terminate you at any time for any reason, they could also discipline you for any reason.

Joseph and other California Employment Law Specialists are ready to help you

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