Legal Question in Disability Law in California

Labor Law

I have been on short-term disability and am wondering if and when my employer can fire me?


Asked on 5/22/09, 1:10 am

2 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: Labor Law

If this is based on a work disability no, This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 5/22/09, 2:32 pm
Terry A. Nelson Nelson & Lawless

Re: Labor Law

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA medical leave when the employee is unable to work, or must care for an immediate family member, because of a �serious health condition�, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you are out longer than those guarantees, they can fire you.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violate those rules, contact me for the legal help you'll need.

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Answered on 5/22/09, 2:54 pm


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