Disciplinary notice

[Mparamo19]

Jurisdiction

California

I came back from short term disability after having surgery. I was out for 2 weeks. Today I received a disciplinary action letter because I called out on monday after feeling under the weather. I was told that last year due to being car crash I exceeded my PTO and was paid for time off when I didnt have any have any hours. Today they mention how Ive exceed time for last year and how taking time off from surgery will no longer be tolerated and this will be my final warning before they decided to let me go. My physician assistance that someone from my job also called them to get information from my condition but they werent allowed to provided any information. Are they able to terminate me because my time off? Are they allowed to call my physician to get information about my condition? Also, before I spoke to the supervisor i was told by one of my coworkers that i was going to be getting a warning? Are they allowed to tell my coworkers about my disciplinary action? Thank you

 

[army judge]

Are they able to terminate me because my time off?

You can be terminated without notice, warning, or reason.

For example you could go to work tomorrow and be told, collect your belongings, you're fired.
Mr. Gonzales will escort you off of our property, now get!

You have been put on notice, which wasn't required, that consequences will follow.

As to calling your PA, calling someone isn't illegal.

You apparently have issues far bigger than someone allegedly calling your medical provider.

It might be time to prepare a Plan A and B, just in case.

 

[cbg]

Are they able to terminate me because my time off? That depends on a number of variable factors. We'll get to that in a minute.
In
Are they allowed to call my physician to get information about my condition? There are circumstances when they can, yes, although it's not clear if this is one of them. However, your doctor cannot give out any information without your signed authorization, and he didn't, so the call itself is a no-harm, no-foul if you ask me. In other words, even if they can't, they didn't get any information, so you weren't harmed by the call, and there's no legal action you can take about it.

Also, before I spoke to the supervisor i was told by one of my coworkers that i was going to be getting a warning? Are they allowed to tell my coworkers about my disciplinary action? Yes. Depending on who they told and why, it may or may not be professional, but legally they can take out a billboard on I-5 stating that you were disciplined.

In order to answer your most important question, we need to know a bit more. Please answer the following:

How many employees does your employer have within 75 miles of your location? If the exact number is unknown, over or under 50 will do.

How long have you worked for this employer?

In the 12 months immediately preceding your leave, had you worked a minimum of 1,250 hours?

In the 12 months immediately preceding your leave, how much time off had you taken for medical reasons, and exactly how long was your leave?