California Employment Law
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Good afternoon Steve, I'm Doug, and I'm very sorry to hear of the situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.1. When you went out on leave for the cancer treatment, did you take FMLA leave? Do you know what that is?2. How long were you out on leave for treatment?Doug
I went out May 3, 2013, the day of my surgery. I did not apply for anything, my employer never asked me to. I have never needed anything like this before. I have just been fortunate enough to be pretty healthy/lucky. I was not aware of needing to apply for anything (disability/workers comp etc.) My employer paid me the entire time I was off. My initial time off was to be until July 15, 2013. July 16th I showed up at my jobsite and was told to go home until I submitted my Doctors Medical Release (which I also knew nothing about). So July 25, 2013, I drive up to our main office in Roseville (from Fremont - 120 miles one way)turn in my release to the office mgr and 15 mins later am laid off by the President of California region.
I am now aware of the FMLA and SDI options, I was never schooled or offered help with, or even clued in on these options before my illness.
Now I'm driving blind trying to get some relief from whats in store or me now. Im not ready for full time work, I may have another malignancy, and they have just shut the door on me. They have offered to help me get out of my lease but where do I go?
Good afternoon,Were you eligible for FMLA?Did you meet the following requirements---all 3 of them: 1. Employer has 50 or more employees, and 2. You worked longer than 1 year for the employer, and 3. You worked at least 1250 hours in the past 12 months for the employer immediately preceding going out on leave?
Good afternoon Steve, Thank you for the additional information. So, you would not have had the benefit of using FMLA after all. At least we know that now. Nothing was lost in that respect. However, the fact that you have been released to work, and that your employer no longer has a position for you, you are eligible for unemployment benefits---which you say that you have already applied for. In terms of your employer's legal right to let you go---under CA law, unless you had an employment contract guaranteeing you employment for a specific period of time, then you are deemed an employee-at-will, and you can be let go for virtually any reason---so long as it is not discriminatory. When you had to take all that time off for the treatment, your employer was allowed to let you go. Go ahead and allow the advocate to look at your file, but based on the information you have provided, I'm very sorry, but I simply don't see where you have a case of any kind against the employer. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. You may reply back to me using the Reply to Expert link if you have additional questions. Please understand that I have no control over the how the law impacts your particular situation. I wish that I could offer you a better outlook legally, but there is nothing that I see that would be of any help to you, legally,. Thank you, XXXXX XXXXX wish you well in your future. Doug
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