Legal Question in Disability Law in California

Fired while on disability

I have been employed with this CO for 10 months I went on disability 6 weeks ago and they called me yesterday to inform me that they could no longer hold my job until I get better due to a company hardship. Is this legal?


Asked on 8/02/07, 7:50 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Fired while on disability

Possibly. It depends on the facts. You weren't employed long enough to qualify for FMLA (12 months employment is necessary), but you can ask for extended leave as a reasonable accommodation for a disability. The employer must explore all reasonable accommodations, unless the accommodation (here, an extended leave of absence) would cause an undue hardship to the company.

Whether your absence is causing such a hardship is a question of fact. You'll need to review those facts with an experienced employment law attorney for more specific advice.

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Answered on 8/02/07, 8:27 pm
Terry A. Nelson Nelson & Lawless

Re: Fired while on disability

If your condition is one of temporary medical problems for which you were on leave until recovery, it is not a 'disability' under the definition of the laws. Those laws protect a person with permanent life altering conditions [the definition of 'disability'] from discrimination.

You are an 'at will' employee in CA, unless in a union or have a written employment contract. With neither of those, if the company policy guarantees you a specific amount of leave and they fired you before that time, then you might have a policy violation claim. However, the company says they had cause to terminate you for financial reasons. That can be valid cause.

After all that, if you think you have a valid claim, feel free to contact me.

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Answered on 8/02/07, 8:50 pm


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