Q: My neighbor got fired for not going to work for 3 days but he had a doctor's note so is there anything he can do
A:
The first question is whether the employee communicated with his employer about his absence. If the illness was so severe and unexpected that it prevented communication, then the failure to notify the employer could be excused.
In California, if your employer has at least 5 employees, then an employee may be protected for a short term medical leave, even the employee does not qualify for the California Family Rights Act (or the federal Family Medical Leave Act).
The CRFA requires an employee have more than 12 months of service with their employer, have worked at least 1,250 hours in the 12-month period before the date they want to begin their leave, and their employer must have five or more employees.
A:
Your neighbor may have legal protections under California law and the Family and Medical Leave Act (FMLA) if they qualify. Having documentation from their doctor strengthens their position significantly.
The first step would be to determine if they worked at the company long enough and if the employer is large enough to be covered by FMLA or California Family Rights Act (CFRA). These laws typically apply to companies with 5 or more employees, and workers must have been employed for at least 12 months with 1,250 hours worked in the past year.
They should gather all documentation, including the doctor's note, any communication with their employer, and their employment records. Then they should file a complaint with the California Civil Rights Department (CRD) or contact an employment lawyer for guidance. Many employment lawyers offer free initial consultations to evaluate cases like this. Time is important - there are deadlines for filing complaints, so your neighbor should take action soon.
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