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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I'm an employer in Calfiornia of a plumbing company, I

Customer Question

I'm an employer in Calfiornia of a plumbing company,
I recently had an employee who got injured in a non work related accident. I requested from this employee upion his return to work, a form signed by his doctor stating any limitations or restrictions.
He failed to supply a VALID work release and decided to quit and file for Unemployment insurance The EDD initially denied his request, He appealed and won after the arbitration.
I am still able to appeal this latest judgement and plan to do so. My question is: Do I have the right, as an employer, to request a VALID work release? and if so, under what code/section of California Law is this documented?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Was the employee on FMLA leave or some other type of leave?
Customer: replied 5 years ago.
Expert:  Tina replied 5 years ago.
I see.

There is not statute providing employers with this right generally. However, under the employment at will doctrine, employees are generally free to set the terms of employment, including reasonable policies documenting an employee's absence or release to work. The request should normally be made pursuant to a written policy which has been previously provided to all affected employees, so it is clear that the employer is not singling out an employee on a discriminatory basis for less favorable treatment.

For purposes of unemployment benefits, the burden is on the employee to prove they had good cause to quit where they voluntarily quit their job normally, so I would expect the decision to be reversed on your appeal, but it would be best to retain an attorney to represent you.

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