is it possible to file a lawsuit after being terminated from my job?
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is it possible to file a lawsuit after being terminated from my job?
earlier today i was released from my job. i am hired through an agency called ‘Maleko Staffing’. Maleko got me the job at ‘Pentagon Technologies’. New Link Destination
day Pentagon had contacted Maleko through email saying ‘We can accommodate to his restrictions’. Maleko called me today saying to not return to work for that reason. i asked if it was because of my attendance and Maleko said ‘your attendance was a bit rocky but no they only said they couldnt accommodate to your restrictions’. The restrictions are the amount of pounds im able to lift and how long i should be standing due to a injured back. Pentagon Technologies got doctors notes from me stating my restrictions and through the time i was employed they did accommodate but only to a certain extent. although Pentagon Technologies knew i had a back problem they still put me in duty that had constant lifting of heavy objects and standing for longer than my doctors note said. is this worth going into with a lawsuit or should i just let it go?
Asked on April 3, 2017 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The fact is that a doctor's note need not be honored by an employer; it is not legally binding. Further, an employer is free to terminate an "at-will" worker due to excessive absences since attendance is typically a basic job requirement. THowever, such absences are protected if the employee uses available PTO (i.e. sick or vacation time); the FMLA (Family and Medical Leave Act); the ADA (Americans with Disabilities Act); or workers' compensation time. Other than that, unless they have protection under the terms of an employment contract or union agreement, a company is free to set the conditions of the workplace much as it sees fit or deems necessary.
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