Burlingame, CA asked in Employment Law for California

Q: Is this wrong?

So I had a problem with a coworker and I told my boss about it. I told her I was putting my two weeks. However a day later I talked to my boss that I didn’t want to work anymore since I didn’t feel comfortable. She said that she will work with the coworker so that I do t have to leave right away and finish my two weeks. She told me to be nice to the coworker and act normal. Then on Sunday Jan 31st this coworker comes in and I acted normal. Everything is ok between me and him and I finish with my day. Later on Tuesday ( feb 1st) I got Covid and email my boss that I can’t work since I have Covid. Then on the 2nd I get an email saying this :

“With our conversation and your unprofessional behavior on Friday Jan 28, and worse on Sunday, January 30th, you made your coworkers feel uncomfortable to say the least. Since you have already given your resignation notice and after speaking with Esdras (manager) on this matter, the decision has been made to remove you from the schedule”

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2 Lawyer Answers

A: You may have a claim for disability discrimination under the Fair Employment and Housing Act. The timing of the termination is highly suspect given it immediately follows your need for time off for a protected medical reason. Hopefully, your communications with your supervisor are documented in writing. Your supervisor is likely to deny the original communications. You should seek a consultation with an employment lawyer. Most provide free consultations.

A: You should contact an employment attorney and request all of your employment files including any disciplinary actions or write ups, and any "complaints" you made against other employees. Then you may be able to determine what the real reason for your sudden termination is. The problem with your case is that you already gave 2 weeks notice so you could recover at most for that time for wages and benefits lost. Sorry to hear you have Covid, good luck with that.

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