Legal Question in Disability Law in California

Fired While on Disability

Can I be fired after just being put on disability? Cab termination move forward with a disabled employee?


Asked on 9/27/06, 2:10 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Fired While on Disability

Yes, just like any other employee. To contest it or have grounds for legal action, you would have to show the firing was actually done because of your disability or leave. You have to overcome and show that the reasons given for the firing were a 'pretext' to cover up illegal discrimination.

If you think you have adequate evidence of that, feel free to contact me to discuss your proof.

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Answered on 10/05/06, 5:58 pm
Beth Mora Cooper & Mora, A Professional Corporation

Re: Fired While on Disability

An employer can terminate any employee for any reason as long as it is not an illegal reason. Therefore, a simple answer to your question is - yes. HOWEVER, the employer must show that they did NOT terminate you because of (in whole or in part) your disability. Disability discrimination cases are specific and require an attorney who has experience in this area. Should you feel your termination was based in part or in whole on your disability, I suggest you contact an attorney in your area.

Best of luck, Beth Mora

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Answered on 10/05/06, 6:44 pm


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