Supreme Court of California

An employer's failure to obtain a binding determination by a third health care provider when there are two conflicting opinions per the dispute resolution procedure of the Moore-Brown-Roberti Family Rights Act, does not bar it from asserting that it was justified in firing an employee because they did not meet the statutory requirement of having a serious health condition that made them unable to perform their job. Evidence of an employee performing a part-time job for another employer during the period in which medical leave is sought from the original employer is not conclusive as to their ability to do the job for the original employer.

Appellate Information

• Decided 04/07/2008
• Published 04/07/2008

Judges

Court

• Supreme Court of California

Counsel