Visalia, CA asked in Employment Discrimination and Employment Law for California

Q: Was This Legal On Behalf Of My Job Even With Doctor Notes?

Starting off I will say I was in the process of transferring my phone number from one carrier to another so I was not receiving messages from android (I can send messages though) nor receiving any calls whatsoever . I did inform a manager that I can only get ahold by 2 of them through via text since they had iPhones. As of Monday April 11th I had informed a manager that I was having really bad morning sickness and wasn’t able to make it. I ended up going to the doctors on the 12th because there were no openings on the 11th. I got a note stating that I was seen. I then went to the hospital on the 13th for really bad cramping and I was bleeding which I informed all managers that I wasn’t going in. The doctor had told me he will take me off a couple days. I wasn’t able to obtain the note because I’m having issues with the hospitals website. As of April 20th I got a message from HR saying I voluntarily quit since I didn’t provide a note but Neither manager asked me to provide it at all.

2 Lawyer Answers
Maya L. Serkova
Maya L. Serkova
Answered
  • Employment Law Lawyer
  • Orange, CA
  • Licensed in California

A: More facts would need to be known in order to fully evaluate your case. However, it does sounds like your employer's conduct may be unlawful here.

I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of charge initial consultations, and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Layers Association (www.cela.org), an organization whose members are committed to representing employees’ rights.

Sincerely,

Maya L. Serkova

Brad S Kane
Brad S Kane
Answered
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: If the employer had a policy requiring a medical certification within a specified time and you failed to provide it, absent exigent circumstances, the employer can fire you.

If the employer did not have a policy requiring medical certifications and/or did not advise you of the time limit to provide the medical certification, then you may well have a potential claim.

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