I was a salaried employee. I was fired for attendance for too many absences. Would I have a case for wrongful terminati?

Question

I worked for a longtime friend. Our arrangement had me working occasionally on days off or when the office was closed at the same rate of pay. I also covered phones from my cell phone and answered patient calls as needed from home. This was fine since I would miss for illnesses or doctors appointments. Therefore it would balance out in the end.  The last week I worked I complained to my hoss about inappropriate comments she made and she became upset. She  was very short with me for the next two days. I asked to speak to her in private to discuss what was going on and she refused. Stating she was tired of me not feeling well. I was out sick the following week and she fired me while I was out of the office.

Neil Pedersen · Answer

An exempt employee can be fired for too many absences or essentially any reason at all, as long as it is not for an illegal reason.  It does not matter if the time off balanced out with the time you worked in the after hours. 
 
There are two ways it would be unlawful for that to be a reason for termination.   
 
First, if you had a disabling condition and provided medical documentation that indicated a need for intermittent leave to address the condition, and if you worked for an employer of at least 5 employees, then the employer would have been required to grant you that intermittent leave unless to do so it would create an undue hardship on the employer.  Terminating you for exercising your right to that reasonable accommodation would then be unlawful. 
 
Second, if the termination was motivated by your complaint about the inappropriate comments, and if those comments were inappropriate because it was related to your membership in a protected class of people or were sexual in nature, then the termination would be unlawful retaliation for engaging in legally protected conduct.  
 
If you believe either of these scenarios address your situation, then it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options.  I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. 
  
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you.  Many advance all the costs of the litigation as well.  Do not let fear of fees and costs keep you from finding a good attorney. 
 
Good luck to you.

James L. Arrasmith · Answer

In California, employment is generally "at-will," meaning employers can terminate employees for almost any reason, except when it's based on unlawful grounds. If you were terminated because of your absences, but those absences were due to a legitimate medical condition or illness, you might have a potential claim under the California Fair Employment and Housing Act (FEHA) if the employer failed to reasonably accommodate your condition. Additionally, if you believe your termination was in retaliation for complaining about inappropriate comments, that could also constitute a wrongful termination claim under FEHA, which prohibits retaliation for opposing prohibited practices. It's essential to gather evidence, including communications or any documentation related to your complaints and the reasons provided for your termination. Consulting with an attorney experienced in employment law will help you evaluate the merits of your case and navigate the legal process.

Q: I was a salaried employee. I was fired for attendance for too many absences. Would I have a case for wrongful terminati?