Saturday, August 27, 2011
An employee who failed to communicate with his employer during family leave or submit required paperwork regarding his absence could be considered to have abandoned his job and could be fired. Tautrim v. Echostar Satellite, No. G043717, 2011 WL 2001851 (Cal. Ct. App., 4th Dist., Div. 3 May 24, 2011).
California's 4th District Court of Appeal rejected the plaintiff's claim that he was fired in retaliation for exercising his rights under the California Family Rights Act, Cal. Gov't Code § 12945.1.
The decision was decided under state law law. Query whether the result would be the same under the FMLA. I suspect it would.
Mitchell H. Rubinstein