Legal Question in Disability Law in California

Terminating an employee on disability

We have an employee who has been on

disability for the past 7 months and will

continue to be on it for another 5

months. Can we terminate her if we

have found a replacement for the


Asked on 1/09/08, 4:07 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless
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Re: Terminating an employee on disability

Temp disability leave is covered and defined by your company policy manual. If the leave exceeds that max, an employee could be terminated, as long as doing so doesn't involve failure to accommodate a protected disability. You need actual legal advice after consultation with counsel on ALL the facts. Basing such important decision on anonymous free advice is not wise. Feel free to contact me a local specialist in employment if serious about doing so.

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Answered on 1/09/08, 4:25 pm
Thomas Pavone Pavone & Cohen
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Re: Terminating an employee on disability

In addition, if the reason for the disability is a work related illness or injury, different rules will apply. The rules will also vary depending on the size of your business and policies you have established. Our firm counsels California businesses in all areas of employment law compliance - if I can assist you feel free to contact me.

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Answered on 1/09/08, 5:58 pm

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