Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
The California law is clear – in some cases, when an employee is unable to return to work from medical leave due to the medical condition caused by workplace environment, he may be able to make a claim for constructive discharge, i.e. wrongful termination, even if he wasn’t actually terminated, but instead – was unable Read More …
One of the most common types of questions we hear people ask over over and is this: Can I be fired while on medical leave / disability leave / after being injured at work or outside of work / if I am pregnant? The answer to this question has to be divided into two parts: Read More …
It is common for employers to have fixed, rigid leave policies that apply to all employees equally without exceptions. For example, an employer policy may provide that an employee may take up to 180 days or 1 year leave of leave. At the end of that period, the employee is terminated if he doesn’t return Read More …
We periodically receive a very similar call or e-ail from the Sacramento Kaiser former employees (mostly nurses, and LVN’s). They get injured, file a workers comp claim or go on medical leave / disability leave and then shortly after returning they are fired for some petty or even untrue reason based on “violation of principles Read More …
Pregnancy Disability Leave Act (PDL) is part of the California FEHA (Fair Employment and Housing Act) – Gov. Code section 12945. It requires employers to provide up to four months of leave to employees disabled by pregnancy, childbirth, or a related medical condition. Employers who provide more than four months of leave for other kinds Read More …