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Wrongful termination for taking sick leave

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  • 02-20-2006, 01:18 PM
    bethann
    Wrongful termination for taking sick leave
    I had been working for the same company for 10 years. On august 15th I gave my resignation notice that sept 2nd would be my last day of employment as I was offered a position with a different company. on or around August 29th I went into work at my regular scheduled time. I did not feel well so I notified my working manager that I would be going home and using 6 1/2 hrs of sick pay that I had accrued. I return to work on the 30th and my adminastator said I was fired because they did not believe I was sick and was just trying to use my sick pay before I left. so I was terminated on the spot. well I come to find out that had they kept me on anytime after the 1st of Sept. they would have had to pay me my commisions for sept, which totalled about $2600. I won my umemployment award and have been recieving benefits. I do not want a termination on my work history record. they have caused me much stress and I beleive I was wrongfully terminated. Can I do anything? plaese help. thank you!
  • 02-20-2006, 04:23 PM
    aaron
    Fired After Taking Sick Leave
    What are the company's policies for taking sick time? Do the policies give them the right to demand, for example, a doctor's note? Did they follow their own policies?
  • 02-23-2006, 02:08 PM
    bethann
    there sick time policy is if you are absent for more than 2 days you will need a doctors note.. otherwise we were suppose to report that we were going home to our shift supervisor.
  • 02-23-2006, 07:04 PM
    aaron
    One approach would be to try to make a wage and hours claim through your state's department of labor. Your exact rights and remedies would vary by state.
  • 02-24-2006, 08:04 AM
    mlane58
    The sick time issue is irrelevent. BethAnn, you do need to contact Calfornia Division of Labor Standards Enforcement and go to the this link for info on how to file for a claim:

    http://www.dir.ca.gov/dlse/Policies.htm

    From their website concerning commissions:

    In the event the commissions have been "earned" on or before the date of your termination, the employer must complete the necessary calculations and pay the commissions on the date of the termination in the case of a discharge or a voluntary quit with more than 72 hours prior notice, or within 72 hours of the termination of the employment relationship in the case of a voluntary quit without such prior notice. It is not permissible for the employer to wait until the customary time for calculating the commissions of current employees, nor is it permissible to delay payment of such earned commissions until the next regularly scheduled payday. If the commission has not yet been earned at the time of termination and is awaiting the completion of some legal condition precedent, for example, receipt of the customer’s payment, the commission must be paid to you immediately upon completion of the condition precedent.
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