If I was terminated while on medical leave, can I sue my employer? 1 Answers as of January 26, 2011

I get paid biweekly 1/21 was paid pay I have direct deposit. My check was not in. I called supervisor and said several people are missing theirs I will check for you. He called back and said it is in the security office ready for pickup. When I open it up the amount was too much I went to the bank for deposit and it was a stop payment on it! I look at the statement and all vacations, sicktime, flextime listed as paid off! This is a TERMINATION CHECK. They are going to terminate me upon return of medical leave. I rather resign and get my pension than to be fired? The supervisor and union rep knew what that check was. The union rep asked if she can keep the cancel check and I said NO. The supervisor called HR, the director and said they are not changing their minds on the termination. But agree to cut me a payroll check for the two weeks I worked. Feb. 2 I got back to work first thing in the morning they are going to meet with me and union rep. Should I resign and take the benefits coming to me? Or let them fired me and get nothing but unemployment? Do I have a case to where I can sue this large HMO?

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Diefer Law Group, P.C.
Diefer Law Group, P.C. | Marcelo Dieguez
You should speak with an attorney immediately. You may have a case, but this is beyond a short brief answer. That being said, you should NOT resign without first talking to an attorney. If you would like to speak with us, we offer a free case evaluation. We represent employees all over California.
Answer Applies to: California
Replied: 1/26/2011
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