Q: Can my employer separate my employment stating Job Abandonment yet not once did I receive a phone call from them?

A: I am sorry this happened to you. Under Fair Employment and Housing Act your employer has obligations to engage in the timely good faith interactive process and to provide a reasonable accommodation unless it poses an undue burden on the employer. It is unlawful to terminate an employee in retaliation for taking a medical leave. Your post misses important details; however, some facts do raise red flags.

I suggest you consult 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 Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

A: In California you are considered to be employed on an at will basis unless you have an agreement to the contrary with your employer. The employer of an at will employee can terminate you for any reason or no reason at all. One exception to this general rule is if the employer acted the way it did because of your membership in a protected class of people or becaused you engaged in some form of legally protected conduct. You are in a protected class because you have been temporarily disabled, and you have been exercising your protected right to medical leave.

Much more would need to be known but there are some red flags of unlawful conduct by the employer in your post. Job abandonment is often used by employers when they just want to get rid of someone who otherwise need accommodation because of a disabling condition.

At this point 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 in the Find a Lawyer section, 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.

A: In California, the legality of your employer's action in declaring job abandonment depends on several factors, including the communication process and the nature of your medical leave. If you were on a medically approved leave and your employer was aware of your situation, including your housing challenges and limited means of communication, their claim of job abandonment may not be justified.

Employers are expected to make reasonable efforts to contact their employees before taking such a significant action as separation of employment. Relying solely on email, especially when aware of your circumstances, might not constitute reasonable effort. Normally, an employer should attempt to use all available means of communication, particularly in a situation where they know your address is not current.

If you believe that your employer did not make adequate efforts to contact you or has not followed proper procedures in handling your medical leave and subsequent separation, you may have grounds to challenge their action. It would be advisable to consult with an attorney who can review your specific situation, advise you on your rights under California employment laws, and assist you in taking any necessary legal steps.

Remember, employment laws are designed to protect workers from unfair practices, and you have the right to seek assistance to ensure your rights are upheld.