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I was happy to receive the decision in one of my recent unemployment benefits appeals hearings in Sacramento. In that case, the employer - Kaiser of Sacramento - appealed my clients eligibility for unemployment benefits after terminating a nurse with a 13-year career at Kaiser for not returning to work after being on medical leave due to symptoms of severe anxiety and depression, which were diagnosed, well documented and known to the employer for years several years prior to my client's termination. Kaiser tried to argue that my client's absenteeism was "misconduct" within section 1256 of unemployment insurance code. I was happy to learn that the judge made a correct ruling, pointing out that since the absenteeism was caused by the typical symptoms associated with depression, the terminated nurse should not be disqualified from benefits.
I was surprised that my client's former manager - a supervising nurse at a major hospital with many years of experiencing taking care of patients and managing other nurses - knew so little about the workers disability rights. If a hospital, charged with care for those who are sick, is unable or unwilling to comply with disability laws, what kind of example does it set to other employers?
