California Disability Laws Cover Chronic Asthma

Employer contends that employee was terminated for failure to report to or call work for three consecutive days, which is in violation of its Punctuality and Attendance policy. Employer does not contend that there were any performance issues with employee.

Employee was hospitalized because of her chronic asthma on the following days:

Tuesday, July 2006 - Employee was hospitalized and did not report to work. However, her mother contacted her employer to advise of her condition.

Wednesday, July 2006 - Employee was hospitalized and did not report to work. However, her mother contacted her employer to advise of her condition.

Thursday, July 2006 - Employee was hospitalized and did not report to work. Employee did not contact her employer and no one from her employer attempted to contact her.

Friday, July 2006 - Employee was discharged from the hospital. Employee did not report to work. Employee's mother contacted her employer and advised them that employee was being discharged from the hospital and that employee would contact her employer after her follow-up doctor's appointment to advise as to her return date.

Monday, July 2006 - Employee did not report to work. Employee spoke with Human Resources personnel, who requested that employee obtain a doctor's note covering her for the dates that she missed work, a return to work date with the doctor's signature. Employee agreed to do so and told the Human Resources personnel that she would advise her Supervisor of her return to work after her follow-up doctor's visit.

Tuesday, August 2006 - Employee did not report to work. Employee did not contact her employer and no one from her employer attempted to contact her.

Wednesday, August 2006 - Employee contacted her employer after her follow-up doctor's appointment. Employee advised her employer that her doctor had released her to return to work on Monday and provided her with a doctor's note. Employee inquired if she should fax a copy of the doctor's note to her employer and her employer advised that she should bring the doctor's note in with her on Monday.

Thursday, August 2006 - Employee did not report to work. The Human Resources personnel left a message on employee's voice mail. Employee returned the Human Resources personnel's call and left a message on his voice mail. The Human Resources personnel did not call employee back.

Friday, August 2006 - Employee did not report to work. Employee did not contact her employer and no one from her employer attempted to contact her.

Monday, August 2006 - Employee reported to work and provided her employer with a copy of the doctor's note. Employer terminated her employment.

Employee suffers from chronic asthma which is a covered disability under FEHA, she was qualified to do her job and she was wrongfully terminated by employer the day she came back from her leave.

The California employment lawyers at The Nourmand Law Firm can help you with any disability claims that you may have.

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