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Case Example – Disability Leave

Emanuel Shirazi

Matthew was a successful executive who needed to take a medical leave from his new employer. He provided a doctor’s note to Human Resources stating he would need to be on medical leave for 1 month. HR responded immediately stating that he will need to reapply for employment once he is released to full duty.

Four days later, the same HR manager inexplicably fired Matthew because he was “a no call no show.” Matthew’s termination letter stated he was fired because he missed 3 days of work—even though he had provided a note putting him off of disability leave. This wrongful termination was in violation of Matthew’s rights under the FMLA, California Family Rights Act (CFRA), and to reasonable accommodations under the Fair Employment and Housing Act (FEHA.)

Further, HR’s statement about needing to be fully released is an illegal 100% healed policy. Employers must accommodate their employee’s disabilities. They cannot refuse to let you work if you are not “100%.”

We were able to get Matthew justice and we can help you too!

If you believe you have been wrongfully terminated, retaliated or discriminated against based on a protected category such as a need for medical leave, a physical or mental disability or medical condition, give us a call at (310) 400-5891 for your free intake.

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