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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39169
Experience:  Retired (mostly)
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Hi Im in California and am out for a few weeks on fm la and

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Hi I'm in California and am out for a few weeks on fm la and short term is not work related. If I found another job right when my disability ends can I quit my job....


Cal. Labor Code 2922 provides that an employee or employee may terminate an employment relationship at any time, for any reason or for no reason at all.

You cannot be forced to work for your employer. To do so, violates the U.S. Constitution, 13th Amendment prohibition against involuntary servitude.

So, the answer is simply, "yes."

Hope this helps.
Customer: replied 4 years ago.
If it is an at will state, does that also mean they can fire me while I am on FMLA? I am under the impression that they cannot. Imy work cannot come after me for money or come after me for being in a contact through fmla. Thanks liz this is very insightful
Under the federal Family and Medical Leave Act (FMLA) and under the practically idential California Family Rights Act (CFRA), involuntary termination of an employee is considered illegal interference (Title 29 C.F.R. § 2615(a)(1); Cal. Gov.C. § 12945.2(a),(t)), unless the employer can prove a nondiscriminatory and nonretaliatory reason for the adverse employment action/termination (rarely possible).

This is an exception to Labor Code 2922.

Hope this helps.
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