Below is an example of a potentially illegal and discriminatory AWOL notice that one of our clients has received. This document alone shows how the employer is trying to disregard the rights of an employee to (additional) medical leave as an accommodation. The employer - state agency - unfairly leverages the language of the applicable AWOL provisions to terminate an employee who is potentially entitled to a number of rights and protections under ADA and FEHA.
2 Comments
Christopher Thompson
5/3/2016 12:05:41 am
Yes, this "AWOL conflicting with FMLA" is very similar to what happened to me. My brand new supervisor unilaterally decided to AWOL me while I was on approved FMLA leave. I have been on FMLA for fifteen years. The DFEH attorney's are interviewing employees and supervisor's this week. FMLA interference is rampant at my state facility. I can still hardly believe my employer pulled this stunt...It's reassuring to know they may have unknowingly sunk themselves and I may be able to go back to work.
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12/13/2016 01:19:12 am
This is very clear Example of a Potentially Illegal AWOL Notice Violating Disability Laws. Employers unfair treatment with the employees now has a big potential to file a discriminatory suit for violating the law, with the help of employment discrimination lawyer, employers must address the complaint.
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