Legal Question in Administrative Law in California

Termination while on disability.

I went out on approved disability 9/15/00. I called my employer on 10/22/00 letting him know I would be back to work 11/16/00. On November 1, 2000, I received a letter telling me 'my position was closed'. Is this legal? I worked there for 7+ yrs..

salaried employee. I left messages when I called disability, State Labor board, unemployment dept. and NO ONE called me back. The company went into negiotiations eff. 11/1/00 to be sold, with the finalizing to be approx. 1/1/01. During my phone conversation with the employer on 10/22/00, I agreed to return to the company and work until 12/31/00 helping them with the transition.

Asked on 3/29/01, 5:50 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Termination while on disability.

An employer is taking big risk of a successful claim under the Americans with Disabilities Act by terminating an employee who is on a short-term disability leave. There are some situations where the employer can terminate an employee on disability leave, so I suggest you confer with an attorney who has experience in employment discrimination law. Do this as soon as possible. Call your local bar association referral service to get the names of a few attorneys who have experience.

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Answered on 6/02/01, 8:34 am

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