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Illegal termination for taking time off with a doctors note

Submitted 2008-10-07

Defendant: California Labor Law (labor law violations)

I was in a car accident before work and I needed medical attention. I called my work and let them know that I was in an accident and at the emergency room. I was told by the emergency doctor that I was unable to return to work until cleared, which I received a note for and gave to my employer. It took a couple of weeks until the specialist I had to see to get cleared was able to see me. When I saw him he told me that I was able to return to work the following week which I also received a note for. Another employee informed me via telephone that he heard that I had been terminated. Upon hearing this I immediately returned to the HR department at my employer and I found out that I had been fired a week prior for not keeping in touch with them. I received no call from them stating that the note I had previously given them was not sufficient nor a call stating that I had been terminated. I filed a claim to receive unemployment and it appears that my former employer told unemployment that I was terminated with cause. I need to see if i have a case against them. I feel they wrongfully terminated me and even if offered the opportunity to return I would not want to for fear of retaliation against me. Also if they were able to legally fire me, can I pursue damages against the person who crashed into me, or their insurance for my loss of work??

-- California

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