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Fired Without Cause

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Covina, CAAlex Iglesias was involved in a car accident and had to take time off work. Even though his doctor provided HR with a note, he was fired. Even though his company manual said that time off with a medical note, was justified. This is another example of a violation of the California labor law.

"I started working full-time, 40 hours per week for Second Image, a legal copy service, in April, 2007," says Iglesias. "I got a promotion the first month I was there; I was doing a really good job. I went from being an expediter to a customer service assistant which has a lot more responsibility. I asked my supervisor about a raise but she denied me, stating that I hadn't been there for 90 days. In other words, I was promoted with no monetary gain.

On July 24 I was involved in a car accident, after work hours. I went to ER because I had a lot of pain in my neck and back. I went to a chiropractor and he treated me for the injury. My doctor wrote a note for my employer stating that I was unable to work. He faxed a note to my employer weekly for five consecutive weeks.

California labour law therapyThe first week my doctor wrote the note excusing me from work, my co-worker called and told me that all my belongings had been moved from my desk down to the expediting department and someone else had replaced me. I called my supervisor and told her that I was hopeful I could return to work in a few weeks. She then told me that my stuff had been moved. I asked if it was temporary, until I return. She said that no, I was going back to being an expeditor and we would discuss everything when I return to work. I left it at that and continued with my therapy.

Then I got my walking papers.

I received a letter dated August 22nd that said I was terminated due to "company at will" policy. I didn't understand that phrase...

My doctor was going to send me back to work August 29th. I went back that day to collect my personal belongings and return the security pass. I requested to speak with HR so he could explain this policy. He pretty much told me that I missed a lot of hours. But those hours had been excused with a doctor's note. I was really upset because he was patronizing me; I then asked if I could use the company as a reference. 'Yes, he replied. I wanted to confirm with him that I wasn't fired based on my performance.
And I also brought up the fact that I was promoted my first month so obviously I was doing something right.

'Well you were never really here so you couldn't do a good job,' he more or less said.
I told him that he couldn't really say that because I did a good job. I told him about the doctor's notes that excused me for all my time off. He said that he didn't receive all the notes. He suggested that I can reapply to the company and I told him that I wouldn't waste my time because I had been fired.

I was able to collect short-term disability but it will be discontinued in two days. My doctor told me that I can go to the unemployment office and file. But I'd rather be working."


California Labor Laws Legal Help

If you are employed in the State of California and feel that your employer or a co-worker has violated a state or federal employment law, please contact a lawyer involved in a possible [California Labor Laws Lawsuit] who will review your case at no cost or obligation.


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