Is this legal termination?
Requested 2 week leave of absence, possibly becoming medical for panic attacks and stress. Was granted leave by manager. 7 days later received personal belongings from work UPS. Received a text message from manager that I was let go because of job abandonment because District Manager did not approve leave and manager did not have power to grant it. illegal?
3 answers | asked Mar 11, 2010 9:00 PM [EST] | applies to California
Answers (3)
As noted by the others, you should consult with an employment attorney.
As a general matter, it is impermissible for an employer to fire an employee with a stress/medical condition without first attempting to see if the employee's condition can be accommodated. For example, perhaps a few weeks off or a modified work schedule would have helped resolve your stress.
With respect to the company's position that you abandoned your job, I would need more information to give informed advice. However, it seems like a questionable legal position because the manager's approval of the leave would probably be binding on the company because he was acting as the company's agent (or at least its "apparent agent").
Anthony Sperber, www.sperberlaw.com.
posted by Anthony Sperber | Mar 12, 2010 11:20 AM [EST]
As a general matter, it is impermissible for an employer to fire an employee with a stress/medical condition without first attempting to see if the employee's condition can be accommodated. For example, perhaps a few weeks off or a modified work schedule would have helped resolve your stress.
With respect to the company's position that you abandoned your job, I would need more information to give informed advice. However, it seems like a questionable legal position because the manager's approval of the leave would probably be binding on the company because he was acting as the company's agent (or at least its "apparent agent").
Anthony Sperber, www.sperberlaw.com.
posted by Anthony Sperber | Mar 12, 2010 11:20 AM [EST]
There's not enough information here to answer your question. You should consult an attorney with experience in FMLA/CFRA, and disability law.
posted by George Allen | Mar 12, 2010 11:04 AM [EST]
posted by George Allen | Mar 12, 2010 11:04 AM [EST]
You should consult privately with somebody on this issue. Your health is a private matter, and the answer is going to be legal advice so it is best if it is not posted.
posted by Karl Gerber | Mar 11, 2010 10:05 PM [EST]
posted by Karl Gerber | Mar 11, 2010 10:05 PM [EST]
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