California AWOL Termination and Medical Leave

CarlHR Case No.: 22-A-0037 is a classic example of misuse of AWOL termination statute by a public agency with regard to their employee. In that case, the employee was rightfully reinstated with backpay after being wrongfully AWOL separated. In the written decision overturning the termination, the ALJ noted that imposing unreasonably strict deadlines on the Read More …

Avoid This Common Mistake When Requesting Medical Leave

Avila v Continental Airlines (2008) is a disability discrimination case which illustrates a common mistake that employees makes when requesting medical leave or disability leave. In that case, the plaintiff was terminated for missing seven days of work, four of which were due to hospitalization for acute pancreatitis. The employee had provided two medical forms Read More …

Workplace Disability in California Is Defined Very Broadly

The California FEHA (Fair Employment and Housing Act) protections against disability discrimination at workplace are quite broad and independent of those under the ADA. The California legislature has stated its intent that “physical disability” be construed, so that employees are protected from discrimination due to actual or perceived physical impairment that is disabling, potentially disabling, Read More …