Unless she was under contract, Apple can terminate her at any time, for any reason, or no reason at all. If she was under contract, it's certain that HR ran her termination by Legal, and they cleared it. If she sues, she will fail. Or bankrupt herself trying to combat Apple's $2,000/hr lawyers. Best she can hope for is a lowball settlement.
Firing someone during a medical leave is a very stupid thing to do. She has a valid case against Apple, and she will prevail since she can prove they had her correct address, but intentionally sent mail to her old residence, that burned down in a fire.
>She notes that the company knew she did not live at her former address and believes this was done intentionally to prevent her from providing documentation.<
Where did you read that? All she's claiming is that Apple knew that she was no longer at her former address. She never claimed Apple knew her new address. And how did not receiving the notice to turn in the proper documents in the mail, prevented her from turning in those documents (if she have them), in nearly a year of being on medical leave? She did't know being on medical leave requires documentation and that Apple will just take her word that she contacted covid 3 times in nearly a year? Now that's stupid.
There is no law preventing an employer from terminating an employee on medical leave, so long as it not for taking medical leave and the employee submitted the proper documents to be on medical leave. If the employer finds out, while the employee is on medical leave, that the documents the employee submitted to qualify for medical leave were falsified, the employer has every right to terminate that employee, as that employee never qualified to be on medical leave in the first place.
If we could apply "Stopitparis" to the silly nose rings, that would make for a good start. (I'm 51, and I don't really care if anyone considers that offensive. They look stupid even on cows. And guess what? So did bell bottoms back in the day. I call it like it is regardless of generation, and regardless of what's in fashion. And don't get me started to stupid tattoos!)
Ok boomer!
Well, IF Apple HR considered her a "high maintenance" employee, then obvious they will seek out any means to part company. There is no way that Apple would not use registered mail in that circumstance. Mind you, I've had to deal with HR from several enterprise outfits over the years to the point where I'm sure that it stands for 'human remains'. On a side note, I don't mind tasteful tattoos, but what I don't get, is someone who is a clean skin, deciding to get their first tattoo, and winds up with some cartoon monstrosity the size of a dinner plate.
Comments
Where did you read that? All she's claiming is that Apple knew that she was no longer at her former address. She never claimed Apple knew her new address. And how did not receiving the notice to turn in the proper documents in the mail, prevented her from turning in those documents (if she have them), in nearly a year of being on medical leave? She did't know being on medical leave requires documentation and that Apple will just take her word that she contacted covid 3 times in nearly a year? Now that's stupid.
There is no law preventing an employer from terminating an employee on medical leave, so long as it not for taking medical leave and the employee submitted the proper documents to be on medical leave. If the employer finds out, while the employee is on medical leave, that the documents the employee submitted to qualify for medical leave were falsified, the employer has every right to terminate that employee, as that employee never qualified to be on medical leave in the first place.
https://www.polarislawgroup.com/blog/2022/january/can-you-get-fired-while-on-fmla-in-california-/