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I was wrongfully terminated because of past errors and was not properly trained. I brought my own laptop for browsing the internet on my lunch hour and worse jeans to work once because my health issues have caused me to gain a lot of weight quickly. The same day I asked my corporate office for... View More 
answered on Jan 11, 2015
Termination that's unfair or unjustified is not illegal unless it's due to unlawful discrimination or retaliation. In your case, if you were in fact an at-will employee, the reasons that you mention for your termination do not make it illegal. An employer does not owe an employee a valid... View More
This is my second case in two years. I hurt my knee.
Before t'was my back.
answered on Jan 11, 2015
Hello,
It is possible that the company will fire you. Even though terminating an employee because of disability or workers comp claim is often illegal, that doesn't mean that the employer still can't choose to violate the law and terminate you.
Thanks,
I fried my attorney, when I discovered he failed to file a suit against my former union like we agreed. he filed against my former employer (discrimination) in 08/2013 and kept me in the dark about the union, I'm heading into ADR in 02/2015, can I amend the complaint and include the Union? who... View More
answered on Jan 11, 2015
Theoretically, you can add the union to your complaint. However, in the vast majority of cases, this is neither appropriate nor worth to. Your union was not your employer, so they can't be charged with the same claims. The only claim that can be brought against the Union is for breach of duty... View More
My wife is on California state disabilty from work for an auto accident. 3 weeks later she got a DUI in my vehicle and has had her license extended by her lawyer at her DMV hearing. She had a court date and her lawyer appeared for her but no charges have been filed. The arrest date was 7/28/2013.... View More
answered on Oct 17, 2013
If the driver license requirement for your wife's position is in place, then failure to have a license or having it suspended is a legitimate reason for termination, and her disability does not change that.
If there is some kind of misunderstanding regarding your wife's license and... View More
Reemployment list is at the top. I have been offered a job in my previous classification due to seniority. During the process of being demoted I was injured and am currently off on workman compensation. Under federal law do I have a right to my previous classification due to seniority, if I am... View More
answered on Oct 17, 2013
Whether you are entitled to your classification if you are out on leave due to an injury does not depend on federal or state law, but depends on either your employer's internal classification policies, or - if you are a member of the union - on the rules agreed upon by the union with your... View More
If you're not available, can they enforce disciplinary actions against you?
answered on Oct 17, 2013
If you are an at will employee, the employer can terminate you for any reason or no reason, except terminating you for discriminatory or retaliatory reason would be against the law. Practically, if the employer terminates you because you refuse to be on standby, that will not be a wrongful... View More
I open a case with the California Fair Employment and housing.but this is just taking too long any help would be appreciated Thank You.
answered on Oct 26, 2011
Hello. It's possible that you have a potential disability discrimination claim, especially if the lay-off status is just a "mask" for discriminatory firing. More information is needed however to determine whether there is sufficient evidence to pursue a case. I wouldn't expect... View More
If deductions taken out of paychecks suddenly stopped, is the insurer required to offer the employee the option to carrying the same coverage if they so desire?
answered on Oct 26, 2011
Hello. There is no such requirement. In other words, nothing would obligate private insurer to continue providing coverage. Basically, once the coverage is discontinued, you are free to purchase the coverage from that company or any other insurer as you wish.
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