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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4965
Experience:  Extensive experience representing employees and management
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i recently lost my wife which resulted in a drop in work performance.

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i recently lost my wife which resulted in a drop in work performance. i enrolled in a company sponsored program. after my first session with a therapist, i called to schedule an appointment with my primary doctor to get a note for my up coming absence per company policy. my closest appointment i could get was more than 14 days away. the next day i spoke with a member of management to let them know my situation and requested two weeks vacation time that i had earned in order to comply with company policy. the next day i received a call from this manager stating they could not give me vacation without a doctors note. twenty days later i received a termination notice with a specific date if certain criteria were not met. 17 days after their deadline termination of my employment was instated resulting in a delay of my cobra option to the point of a break in continuous coverage and subject to preexisting condition clauses. my question is two things. 1. was i denied a reasonable accommodation for denial of my vacation request and 2. was my termination at their convenience consistent with fair and equal treatment under the law.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

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

Yes, your denial of your use of vacation time in order to accomodate your disability could definitely be seen as you being denied a reasonable accomodation.

You should file a complaint with the Department of Fair Employment and Housing for discrimination in violation of the Fair Employment and Housing Act.

You can do so using the instructions available online here:

http://www.dfeh.ca.gov/Complaints_eCompProc.htm

Unfortunately, unless your termination was due to discrimination due to your disability, it would be considered legal.

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

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and 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, Lawyer
Satisfied Customers: 4965
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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