Need legal help

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Need legal help

Postby queen_o_sheba » Tue Sep 04, 2012 9:20 am

I have a chronic medical condition and had a flare up on playa making me unable to travel home on Thursday. I am out on legal disability and have MUCH medical documentaion on file. My spouse, also on playa, needed to be back at work on Friday. Since we didn't have cell phone service, we sent a message with a friend who was going off-playa to our housesitter asking her to email his boss explaining. As it happened this was on Thursday morning before the gates closed. Even if I had been able to travel we wouldn't have left until after the Pershing County gate closure and so would not have been able to exit. I didn't seek medical attention on playa as it IS a chronic condition, and I know what needs to be done.

My husband's HR department is saying that the email from the housesitter was insufficient, it is being considered a "no show" day. They say they will NOT accept a medical note from my primary doctor, only a doctor from BM on THAT day. They have sent him home today while they discuss "what to do". This is in California.

It seems to me he is protected by FMLA since he HAS discussed my medical condition with HR in the past. It also seems to me that this HR director is way out of line and taking it personally. We need to know what legal recourse we have in this matter, especially if they decide to fire him.

We would like to find a burner-friendly lawyer in So Cal (San Diego would be awesome) to help us with this.

HELP! (and much dusty thanks)

Sheba
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Re: Need legal help

Postby ADilwicius » Tue Sep 04, 2012 9:38 pm

I am not a lawyer but I do work for a major corporation in so cal and my understanding is for it to be considered job abandonment it has to be 3 consecutive days. So I would look into that. The downside is that California is an at will state and can terminate for and reason at any time as long as its not a protect class (age,sex, religion...). Good luck with it all
Andrew Dilwicius 
"Si vis pacem, para bellum"
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