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Old Oct 24, 2019, 06:18 PM
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seesaw seesaw is offline
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Member Since: Apr 2014
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Posts: 8,406
Quote:
Originally Posted by SlumberKitty View Post
I'm sorry you had to resign. I'm not sure what state you are in, but here in CA you probably wouldn't win a suit if you so chose to file one against the employer because the state only guarantees three days of sick leave. I hope you find a new better job.
If he had submitted proof to his employer of hospitalization he would absolutely have a case for wrongful termination. Whether or not he had been eligible for things like FMLA, etc would have been based on his employment status. The three days law refers to paid sick leave. They dont have to pay you for time you are out sick beyond those 3 days, but they cannot fire you. If you have taken actual medical leave with a doctors note they cannot fire you. Calling in sick is another matter, but a hospitalization would qualify as a medical leave and they would be in trouble for firing over that, which is why they didn't fire them and pressured them to resign. It also means they didnt have to pay unemployment.

I'm sorry they tricked you into this.
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