California business law attorneys ensure compliance with local business laws
California employers should always remain vigilant about employee discrimination - and wrongful termination laws - in order to make certain that their employees are treated equally, and that they are complying with state and federal law. This includes following recent California court cases that rule on employment law cases that could be used in future court decisions.
Last month, the San Diego Union-Tribune covered the interesting CA employment law case of an employee who resigned while suffering the adverse side-effect of a medication she was taking. The woman rescinded her resignation, but the employer decided not to take her back. The court ruled that the employer had a right under the law not to rehire her.
Southern California Permanente Medical Group vs. Ruth Featherstone
The case involved an employee named Ruth Featherstone, who worked for Southern California Permanente Medical Group (SCPMG) in San Diego. Six days after she returned to work following a medical leave for sinus surgery, she called her boss and said that she was resigning because God had told her to do something else with her life. She also made a Facebook post saying that she was going to start doing God’s work.
While the employer thought that the resignation was “out of the blue,” they honored her request and processed her paperwork quickly as required under the law, which requires that resigning employees are issued a paycheck at least 72 hours after turning in a notice.
Another week after her resignation, Featherstone called SCPMG back and explained that her resignation was a result of a medication side effect following her surgery and that she wanted her job back. The HR department, however, refused to rehire her. She sued, arguing that not rehiring her was an “adverse employment action” related to her temporary disability.
The court sided with her employer. The employer had no obligation to investigate whether Featherstone was in her right mind when she resigned, and had no reason to believe or know that she was resigning due to a medication.
What Can Employers Learn From This Case?
The big takeaway from this case is that an employee can, in many scenarios, decline to rehire an employee who voluntarily resigns and then attempts to rescind their resignation. This is even the case if the employee was temporarily mentally unstable or disabled. However, if the employer is aware that the employee is temporarily mentally unstable at the time of the resignation, the outcome may be different.
Contact A California Employment Law Attorney Today
As you can see, California employment law is not always cut and dry. In many cases, a legal case is so unique that a similar case has yet to be tried. In other cases, a court decision might come almost solely from past court decisions. For this reason, it is vital to find a business law attorney that is not only familiar with California employment rules and regulations, but also with notable case results.
Whether you are facing possible litigation, or whether you would like to make certain your business is compliant with current law, we are here to help. Contact us today to ask a question or to schedule a consultation with an experienced, knowledgeable CA employment law attorney today.