So my husband was working about 38 hours a week as a service writer at an auto shop. He had an accident on 10/20 that caused him to miss work for 9 days. He had a doctors note saying that he needed light duty until 11/5. Well, he went back yesterday and was handed his last paycheck and was told he was no longer needed. Is this legal? We live in CA.
2007-10-31 10:05:16 · 8 answers · asked by sarahbeth 4 in Politics & Government ➔ Law & Ethics
Unless he was injured on the job, they generally may fire you for no or any (with limited exceptions like age and race) reason. He should find a better place to work anyway, it sounds like to me.
2007-10-31 10:18:35 · answer #1 · answered by bjackson75061 3 · 1⤊ 0⤋
I believe a company has the right to let go of someone who cannot perform their job at full capacity.
Your husband should be able to collect unemployment since his medical issues were through no fault of his own. (though not absolutely sure what laws are in CA)
Call the labor board, or the unemployment office to find out .
2007-10-31 10:15:17 · answer #2 · answered by C M 3 · 0⤊ 0⤋
If it was part of a reduction-in-force (RIF) due to lack of work at that shop, then it is legal, but he can apply for unemployment compensation and get state benefits for trying to find new work. A RIF is the same thing as being layed-off.
If he was fired for cause, and the cause could be related to his absense due to illness, then he might be able to file labor case (sue).
If he was fired for cause, and that cause was *not* related to his absense, then he probably doesn't have a case, nor can he apply for unemployment (at least not in the states I have lived in -- and I don't think CA is any different).
The first thing to do is to find out if it was a RIF (lay-off) or if he was fired.
good luck
One of my friends was layed-off while on vacation a few years back. We were backpacking in the Grand Canyon and when we got back he got the bad news. That really sucked, but it was legal.
.
2007-10-31 10:14:11 · answer #3 · answered by tlbs101 7 · 0⤊ 1⤋
Some places have what they call "fire at will" wich means they can fire u anytime they want. But he can collect unemployment until he finds a job. Sometimes he can even get training from EDD. Also if he had just started this job and was still on prabation, then yes, he can be let go....
2007-10-31 11:28:03 · answer #4 · answered by arielle 3 · 0⤊ 0⤋
It probably is legal. Most states are right to work states, which mean that employers can fire at will.
2007-10-31 10:10:45 · answer #5 · answered by Anonymous · 0⤊ 0⤋
he could collect unemployment on them, that never goes over well....good luck.
2007-10-31 10:13:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋
i wish i could help one think i know those people hate u
2007-10-31 10:09:36 · answer #7 · answered by princesse haiti 2 · 0⤊ 1⤋
no that company can not do that. what your husband should
do it sue that company and they must have a reason to fire
him.
2007-10-31 10:16:28 · answer #8 · answered by Anonymous · 0⤊ 3⤋