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Dwayne B.
Dwayne B., Attorney
Category: California Employment Law
Satisfied Customers: 33762
Experience:  Began practicing law in 1992
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My husband was hired almost a year ago by a company. On the

Customer Question

My husband was hired almost a year ago by a company. On the job he started having chest pain which pretty much scared everybody and I don't blame them. He had his heart checked out and was given the ok by his doctor to go back to work after a week. Mind you his job was labor intensive at times.... And my husband is in his late 50s. On return to his job with his release from his Doctor the boss told him he could resign or He would be fired. My husband had no choice but to resign. This just doesn't seem right to me... Can they just do this?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.What reason did they give for telling him this? Also, how many employees are at the company?
Customer: replied 2 years ago.
It's a small black smithing Company. They told him because of the labor intensity of the job they didn't want a liability. I say they probably have less than 15 employees.
Expert:  Dwayne B. replied 2 years ago.
If they have 15 or more than they are covered by the ADA and it is illegal. However, there are other CA state laws that may cover even if they have under 15 employees, but it is a very fact intensive issue. What he needs to consider doing is filing a complaint with the California Dept of Fair Employment and Housing and let them do a complete investigation. The CA law covers employers with more than 5 employees and is broader than the federal law. He can pursue the complain through the website or the mail, the information is at this website. Also, there is a PDF brochure with just a little more info at this link.
Expert:  Dwayne B. replied 2 years ago.
However, he must file a complaint before he can pursue a lawsuit. It is an absolute requirement.