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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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For the past few months I have been subject to what I feel

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For the past few months I have been subject to what I feel is a hostile work environment, and after numerous visits to the doctor ultimately was told by my doctor that I should take some stress leave... On 5/30/12 I scanned my doctor's note to my employer which basically said I was going on Medical Leave for 6 weeks. Minutes later my work issued cell phone was cut off and I lost access to my work email. 2 days later on June 1, 2012 I received a letter dated 5/31/12 stating that due to budget issues my position was being absorbed by the agency, and that my employment with my employer was being terminated 5/31/12. There was no mention of a severance package - just that I needed to return my work issued cell phone, laptop, etc., COBRA information, and included was an offer to set up a time for me to retrieve my personal items from work. ?: is it legal to terminate someone's employment the day following notice of that employee going out on Medical Leave? That said, is this a Layoff? If so - am I supposed to by law get some sort of severence package?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

Were you going on FMLA leave or just regular medical leave for stress?

Customer: replied 5 years ago.

My doctor wrote me a note on a prescription pad which was given to my employer that said Medical Leave and the dates spanning a 6 week timeframe. I had not yet submitted the form, but my doctor also filled out an EDD form for me to go on Disability.

Expert:  Joseph replied 5 years ago.
Unfortunately, if you're not on FMLA protected leave, you can be terminated from your employment after requesting medical leave.

This is due to the fact that as an at-will employee, you can be terminated from employment at any time for any reason with or without prior notice.

This comes from 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."

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
That said, is this a Layoff? If so - am I supposed to by law get some sort of severence package?
Customer: replied 5 years ago.
That said, is this a Layoff? If so - am I supposed to by law get some sort of severence package?
Expert:  Joseph replied 5 years ago.
Yes, it is a layoff. You would be entitled to unemployment benefits if you are ready and available to work, however, there is no law that requires employers to give employees any severence package at the time of termination.

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