Legal Question in Employment Law in California

can a person be legally terminated while on limited duty due to a medical condition in California?


Asked on 3/05/15, 6:21 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

In some cases, yes. If the medical condition is not one that is protected under California law (eg pregnancy is a protected condition, but there are others), then termination is certainly proper. Even if the condition is protected, termination is allowed for reasons independent of the condition, e.g., good faith elimination of the position for reasons independent of the medical condition.

This is an area of law that turns heavily on the exact facts of the case. Employers considering the termination of an employee with a medical condition should speak with an attorney experienced in labor law before actually terminating the employee. Liability for a wrong decision can be extensive. Employees who feel they have been discriminated against should also contact an attorney.

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Answered on 3/05/15, 11:56 pm


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