Quote:
Originally Posted by seesaw
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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I'm not sure if perhaps employers I have worked for in the past have then committed unlawful terminations, but I have worked for employers in CA that have terminated employees even with a doctor's note, even with hospitalizations, due to excessive absences, the excessive part being based on the company's policy and procedures handbook stating x number of days absent in a x amount of time was considered excessive whether or not the absence was excused. Perhaps they "got away" with something that was unlawful, but unless they get sued or something, it will probably continue. Unless you have a contract, you can pretty much get fired for anything unless it is specifically protected by law like age, gender, etc. I don't have a lot of faith that employers will do the right thing.