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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: California Employment Law
Satisfied Customers: 1739
Experience:  Practicing Attorney with 10 years experience
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I recently took a medical leave of absence here in

Customer Question

I recently took a medical leave of absence here in California. My doctor said I was depressed due to my current work conditions. I was not able to take paid time off at my convenience because my supervisor would ask me to find someone to cover my absence. Which was really hard to do because I would have to convince another employee to change their usual schedule and give up their day off. I felt cheated from these hours of time off I had accumulated and EARNED. I have these requests on text message conversations with my supervisor saved on my phone. So one day after my doctor cleared me to take time off from work I did.
I sent my Dr.s note to HR and filled out a LOA form they sent through the mail and sent a text message to my supervisor advising him about my LOA but also told him I had an employee that was interested in working in the department. He never replied. The fallowing day he sent an email to the entire district stating that "calling off" would have to be done via phone call not text message nor email. (I printed this email) The day finally came when I did not show up to work as schedule because I was excused by my Dr.
I received a phone call by my supervisor, he stated he never received the message and had no idea about my LOA. I knew he was lying because that same day he scheduled an interview with the employee I referred in that EXACT SAME MESSEGE! I was dreading going back to work fearing retaliation I was having nightmares of getting fired and mistreated. 3 months passed and my fears had deminished and I felt great with a clear mind I was sober for the first months in years! 3 months had passed and it was time to return to work. I was alerted by an employee that my supervisor contacted the 3 stores in town asking management if they had heard from me everyone of course said no. Nobody knew the real reasons. I was never contacted directly. They sent out an email saying that if I was to show up to work not to allow me to clock in because I haven't been heard of and was not cleared by my doctor. After being cleared by my doctor I emailed the note to HR and my supervisor and only heard back from HR. Later that evening I received a call from my supervisor and he stated there was no room for me to be on schedule and would have to remain on standby he stated all positions were filled and he couldn't give me any information on the following weeks. A week later he text me a full time schedule at a completely different location with ALL closing shifts! I took it.. And thanked him. 3 weeks later (a week ago) I was laid off due to "budget cuts" No other explanation. I have been working there for nearly 3 years and seniority was not a factor.. My fears came true.. I'm in a terrible spot now and I feel like my hands are tied.. Can anyone help?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  LawTalk replied 9 months ago.

Good evening Jose,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs.

I have been a CA licensed, litigation attorney for more than 30 years, and I have handled several thousand cases----many of them employment law cases I handled on behalf of employees. What you are asking for----given the voluminous facts and allegations------- is all but impossible to respond to adequately in this written format, and in my experience it is only practical to approach your issues in a phone conversation.

If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. If you are not interested just let me know and I will be happy to opt out. Perhaps someone else would be willing to tackle your request.

Doug

Customer: replied 9 months ago.
I'm unemployed and Now I feel like I've wasted $50 of my leftover money on what I thought was help to allow me to move on to the next stage. I am now being asked to spend more money on a service that felt promising but wasn't. No thanks. Make your profit elsewhere.
Expert:  LawTalk replied 9 months ago.

Good evening,

I can assure you, you have wasted nothing. All you did was make a deposit which you may get back any time you want. If you need assistance navigating the system or if you have billing questions, you can contact customer service at(###) ###-####

I was simply trying to help you with an extremely complex legal problem. I am very experienced in handling CA employment law litigation.

I understand if you don't want a phone call. Unfortunately, I am at the end of my work day and I am not in a position to spend a couple of hours online with you writing back and forth. Perhaps another expert will.

I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Expert:  Asad Rahman replied 9 months ago.

My name is***** and I am happy to help. It seems to me that you are being retaliated against for taking sick leave. It also appears to me that the employer has created a hostile work environment which is partially why you had to take leave in the first place. Were there any prior incidents of discrimination or hostile conduct? You need to contact a local attorney who can possibly pursue two claims- retaliation amd hostile work environment. Employment is generally at will meaning and employer can let you go anytime but they cannot do it to retaliate for perfectly legal conduct and they cannot create a hostile work environment. Let me knkw if you have any specific questions.

Expert:  Asad Rahman replied 9 months ago.

Let me know if you have any additional questions.

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