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Category: California Employment Law
Satisfied Customers: 1276
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I am a Registered Nurse on disability from work depression.

Customer Question

Hi. My name is***** and I am a Registered Nurse on disability from work for postpartum depression. The day I was declared medically disabled and hospitalized for my condition, 12/17, I gave a written notice to my employer that I wanted to give my 2 weeks notice and have 1/1 be my last day of employment. I had no acknowledgement of the letter from my supervisor. 3 hours later I called my supervisor to let her know I needed to go to the hospital for an anticipated 7 days. She said okay, is there anything you need to tell me? Unsure of how much to disclose to protect my privacy, I said "not right now". I was hospitalized for 5 days for depression and anxiety. The day I was released was 12/22 and on 12/23 I started an intensive outpatient program for an estimated 4-6 weeks. I called the clinic on 12/24 to give an update but they had already closed for the holiday weekend.
The next opportunity after the holiday, I had to call them was on Monday 12/28 when I requested a meeting with my supervisor, who is the COO/Compliance Officer and also the HR person at this time. I went in to the meeting to discuss the nature of my hospitalization, reconsider my resignation stating that I wasn't well when I wrote it (I was hospitalized same day), I felt I was a burden to everyone at that time and knew differently then. My Supervisor said that "we have decided not to keep you". I explained that I was advised by my psychiatrist that I was covered by disability law as I understood it and asked if they had consulted a lawyer before making that decision. I told them I was willing to do so with the intent of being an informed employee and my own advocate.
Can they legally terminate me while I'm on disability? Even if I gave 2 weeks notice, I didn't quit on the spot or walk out or anything, and I had no communication before going on disability from my supervisor to advise me of the decision they came to. Wouldn't I need to be informed by them that they were going to let me go before going on disability?
Thank you for your time and attention to my question.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  philip.simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry...perhaps I do not fully understand...did you not give your resignation?

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