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Asked in Lake Isabella, CA Jan. 12, 2019 ,  3 answers Visitors: 116
My fiancee was just demoted from her manager position because she was sick and had brought doctors notes every time ?
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3 Answers

Anonymous
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Posted on / Jan. 12, 2019 20:19:35

If your fiancée's employer has five or more employees, under the California Fair Employment and Housing Act (FEHA) it is unlawful to discriminate against an employee for medical conditions or disabilities. She should contact an employment law attorney for a consultation. Most employment law attorneys offer a free consultation.

Anonymous
Reply

Posted on / Jan. 12, 2019 18:36:01

This is appropriate question. First, DISCLAIMER: I would remind you and all others who post questions on AVVO that you should not expect, nor is this site designed for, any meaningful legal advice that can be relied upon. There is no attorney-client privilege and the information you provide isn't enough for a qualified attorney to ethically provide advice. However, what you should expect is some general direction and tips to lead you in the right direction. Also, since you are in California, I would strongly recommend that you only consider any suggestions posted by California licensed attorneys who practice law in California and who are in the specific area of law regarding your question. Lastly, solicitation is against ethical standards that govern how lawyers are to behave. *IMPORTANT* California attorneys are not allowed to solicit business (except with relatives or with those with whom we already have a pre-existing business relationship) which is why you should never see a lawyer directly asking you for a consultation or your business. It is purely your prerogative if, when, and with whom you choose to do a consultation.

With that said, what you posted, assuming your fiance lives and works in California, the employer is located in California, and your fiance is an "employee", yes it sounds like she is likely to have rights under the Fair Employment and Housing Act (the FEHA) which protects against discrimination as caused by her belonging to a protected class of persons (in this case disability as it relates to an illness requiring accommodations) or engaging in protected conduct (asking for leave due to an illness). In either case, there are rights that the employer may not discourage or impede.

Your fiance should contact a plaintiff's employment attorney as soon as possible. Consultations are usually free and even representation in action is usually on a contingency which means no out of pocket expenses. Best of luck.

Anonymous
Reply

Posted on / Jan. 12, 2019 16:39:45

Your girlfriend should consult with an employment lawyer in her area. She may have claims under federal law known as the family and medical Leave act (FMLA).

Also, she might have claims under the Americans With Disabilities Act (ADA).

And, she might have claims under your state’s laws that bar discrimination on the job.

At times, an employee does not submit a formal request for protections under these laws. In any event, the laws require an employer to proactively protect and respect employees’ rights under these loss. So, even if your girlfriend didn’t ask for these protections, arguably the law would still apply to her. As such, her employer should not have taken a negative employment action against her merely because she used medical leave that she is allowed to use.

She can also file a charge of discrimination with the equal employment opportunity commission or your state’s equivalent. An employee who wants to bring certain claims under federal law must complete this step if that employee wants to pursue her claims in federal court court under federal law.

A time limit applies to filing such charges of discrimination. Typically, a person has 180 days from the date of the harm by which to file such a charge. Sometimes, a longer period might apply. However, I tell people to use the shorter of any two deadlines.

I hope this helps, and good luck.

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