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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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Hi, My name isXXXXX and I have been off work since Dec.

Resolved Question:

Hi,
My name isXXXXX and I have been off work since Dec. 19th 2011 for medical condition, and will still another procedure before I am able to be released for work, my Dr has me off unitl July 1st and this only tenative based on my condition. I received a register letter on Friday from my Empolyer and it states: if I return to work on July 2nd I will need acefrtification from health provider to release me for work, if I do not report back on July 2nd, I will subject to attendance policy, wich is a point system and if we have points over 10 then can terminate my empolyment. Need to know if this is legal based on the laws.
Thanks.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

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

Yes, unfortunately, it is legal for your employer to terminate you if you are unable to return to work on July 2nd.

As an at-will employee, you can be terminated at any time for any reason with or without prior notice.

This stems 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

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