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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4867
Experience:  Extensive experience representing employees and management
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My Employer terminated me while I was still under a Medical

Customer Question

My Employer terminated me while I was still under a Medical Doctors care and excused from work/play, I needed a " Doctor's Release" for back to work, so on the day that I was to return to work I scheduled to see the doctor again,, I called my work place one hour prior to my starting work time and talked with a person so that me supervisor would get the message to that effect,,,, After I saw the doctor , the doctor extended my stay away from work and sent a fax copy of this report to my work place..
My work 4 days later sent my last check and a letter that suggested that I voluntarly resigned since they had not contacted be me ?
I called the dodcor's office and had all that cleared up,, , then my employer, re-instated my employment and asked me to send the check back... I feel that they were trying to deliberatly get rid of me and used that as an excuse... I am still on medical " no work " from the doctor...
did my employer break the law in this case and do I have a case against them if I decide to pursue?
My employer did ask me to go online and fill out a Medical/peronal time off leave of absense request through a company called " Compli"...
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

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

Were you out on FMLA leave or another form of protected leave or were you just out under a doctor's care, excusing you from work?

Also, your question got cut off after the statement about "Compli." Did you file this request through that company?
Customer: replied 1 year ago.

I am still under the doctors No work/play.


I have been away from work for 5 weeks now and filled out a Family Medical leave of absense request about 2 weeks ago... I filled ou the form through " Compli"

Expert:  Joseph replied 1 year ago.
If you filled out a request for FMLA leave then your employer would be in violation of FMLA for terminating you while you are out on leave (even if you're still awaiting to be granted FMLA leave).

You can file a complaint with the EEOC for violating your rights under FMLA by using the instructions avaiilable online here:

http://www.eeoc.gov/employees/charge.cfm


The EEOC will investigate the charge on your behalf and either file suit on your behalf or issue you a 'right to sue' letter so you can pursue your claim against your employer through a private attorney.
Customer: replied 1 year ago.

To clarify the issue this is what happened in order


I went on a one week vacation time off after completeing my One year employment anniversary i qualified and took one week off , this was in October 2012, shortly after comming back from that one wek of, on October the 29th, I was talked to by my manager in a closed office meeting and asked if I wanted to voluntarly resigned.? I said no, that i was ok working there,, my supervisor then asked if the rumor was true that during my vacation i miaht have interested in applying and intwrviewing to work smoewhere else, i denied such a rumor and again restated that I liked working there, and that I had no intention of leaving..


I was then told not to " make it difficult" . My supervisor then make allegatiosn that during my week away on vacation they concluded that I was not doiung my work correctly and that I was making a lot of mistakes,, I replied that if they did not want me to work there anymore, they could lay me off and I coulld collect unemployment benefits and I couls start looking for somewhere else to work,, me supervisor responded that , " I do not fire anyone" people get themselfes fired ,


I was talked to by an extra person form Corporate office and the same talk was repeated, At this time they wanted me to sign a warning letter, for which I declined to sign because they were making charges and allegations that were not true nor did they prove them to me when I asked for proof. I then returned to my work station and 10-15 minutes letter I vomitted in the rest room, my heart rate went up and had sever headahces and eyeball headaches, I informed my supervisor of this and left my work place to take mysef to see a doctor,this doctor the diagnosed me and put me on medications and put me on no work/play notice to my employer.. about 1 month prior to this i was the only working person in my job category and doing the work of 2-3 persons, working 12 hours a day 5=6 days a week and under a lot of stress, i could not sleep at night and could not disoconnect my mind from work... depressed etc.... so the doctor said....than all this happened.

Expert:  Joseph replied 1 year ago.
Thanks for the additional information. That definitely sounds like a difficult situation and it seems that you have been unfairly targted by your employer.

Also, in addition to filing a complaint for violating your rights under FMLA, you may have a separate claim against your employer for discrimination due to disability in violation of the Fair Employment and Housing Act.

You should mention to the EEOC that you also feel that you were discriminated against on the basis of disability.
Expert:  Joseph replied 1 year ago.
Please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!

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