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I am a diabetic and I recently been sick with an upper

I am a diabetic...

I am a diabetic and I recently been sick with an upper respiratory infection and ear infection and pink eye. Been out of work for a couple of weeks because of the respiratory and ear infection pink eye considering that I'm contagious I have been to my doctor I have a doctor's note to take me out of work from June 2nd to today's date I was going to return on Monday to my job. I contact my boss on Wednesday after my doctor appointment to give him an update and turn on the phone told me that he was letting me go due to my health. Last year in August August 17th 2017 I had a heart attack I went on short term disability and was out of work for the month of September I went back to work around September 20th give take a day 2017. I had the flu at the first of the year. Then I got this upper respiratory infection on May 29th 2018. Even though I wasn't signed up on the FMLA or short term disability for this illness I think that my boss is in violation of the FMLA Act. He admitted to me that he was letting me go to to my health condition when I was telling him that I was ready to come back to work on Monday. I have somebody that overheard the whole phone conversation as well she is a witness to everything he said I know California is an at will state. However I don't think that this is legal but I'm not the labor attorney I need some help in this area if someone could please contact me my phone number is(###) ###-####

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

My name is*****: Are you an "at will" employee? Do you belong to a union?

I'm still sick at home with this upper respiratory infection I have not discussed this with anybody other than you and work for a very small Insurance Agency I am a non-union employee I'm not sure how they at will California works I am a diabetic and I've had some health issues this last year since I had the heart attack but only stuff like the flu during flu season and this upper respiratory infection that I currently have

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think at this moment that's about as much as I can think of off the top of my head I would like to find a lawyer find out where I stand legally I'm generally not one that's very aggressive in situations like this however I think this is very unfair and I think he is in violation but I'm not sure that is why I need to bring out from some labor attorney or somebody to help me

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Answered in 9 minutes by:
6/8/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,348
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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So, it's possible that the employer may be violating federal law. Under the Family Medical Leave Act (“FMLA”) eligible employees may take up to twelve (12) weeks off of their position to care for themselves or a family member (a spouse, child, or natural/adoptive parent - no “in-laws”) that is dealing with a serious health condition. The employee is entitled to return to their same or similar job. A family member does not include in-laws, but does include a spouse and a child. or a parent. An eligible employee is one that has worked for their employer for the past twelve (12) months and has worked at least 1,250 hours in those past twelve (12) months. The employer must also be covered under FMLA before they are required to provide FMLA leave. A covered employer typically only has to have at least fifty (50) employees within a seventy-five (75) mile radius for at least twenty (20) workweeks in the current or preceding calendar year. Also, an employer is required to provide employees with notice of their rights under the FMLA And is required to provide you with notice of your FMLA rights when they have knowledge of a triggering event.

Also, it is illegal for an employer to discriminate against an employee on the basis of their disability. You could file an EEOC complaint as a result.

Because I value your input, I would like to know what other questions did you have for me today that I can help out with:-)?

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Customer reply replied 2 months ago
What if there is less then 50 employees?

If that is the case, then FMLA won't apply; however, the prohibition against discrimination on the basis of disability is still there.

Under the Americans with Disabilities Act, employers are required to provide their employees with reasonable accommodations. According to the U.S. government:

“A reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.”

An employer also cannot take negative employment action against an employee for asserting their ADA rights.

If an employee feels as if they have been discriminated against, then they can file a discrimination complaint with the Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one.

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