Notice versus Disability
Posted: 07 February 2011 01:44 PM   [ Ignore ]
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We are a small—less than 10—law firm in California.  Our receptionist/vendor billing clerk gave me two weeks notice due to a change of circumstances at home she could not get her daughter to daycare and still get to work on time.  Since she did not have a job, I suggested that she work through the end of the month (February) and we would accommodate her interviews and the like to help her out.  I confirmed this in an email and she wrote back that what I had stated was correct.  The next day she had an appointment (medical)—said she would be gone for a hour and change —she never came back - - but I did receive a fax from a psych saying she was disabled and he would revisit her issue next month.

What to do?  I feel like her notice stands—she gave notice due to a change in circumstances at home.  Department of labor does not answer the phone.  Do I send her her “final” paycheck - - one sick day/one worked day plus a couple of hours; she has accumulated five or six days of vacation.  I can run her paycheck for the couple of days - - should I cash out her vacation?  Would that constitute “adverse employment action”?

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Posted: 07 February 2011 03:26 PM   [ Ignore ]   [ # 1 ]
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Linda:

I think you should talk with an employment lawyer about this issue.  It’s very fact specific and this isn’t the place to get legal advice.  I know that’s not the help you were looking for, but feel free to post your question to our EL Match System.

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Patrick Della Valle
Employment Law Information Network
P.O. Box 45
Chinchilla, PA 18411

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Posted: 07 February 2011 04:55 PM   [ Ignore ]   [ # 2 ]
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Thank you.  It is rather like a chicken and the egg debate.  I feel notice came first—disability followed and does not rescind her notice.  But I would have to admit - - I cannot find anyone who has had this come up in the past.  Thanks again.  I knew it was a long shot.

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Posted: 09 March 2011 01:16 PM   [ Ignore ]   [ # 3 ]
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I would be interested in knowing what the employment lawyer said, Linda.  My gut says that, since she was still employed, the disability claim would supersede the notice, but I can definitely see your take on it as well.  “Chicken and the egg” is an apt description!

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