Can I gey fired while on medical leave for my back?
5 Answers from Attorneys
It is impossible to answer your question without more facts. Generally, however, an employer may not terminate you while on qualified medical leave.
You should contact an employment lawyer to discuss your specific situation and to determine your rights.
Some law firms, including mine, offer free initial consultations and will not charge you anything up front.
Tuvia Korobkin, Esq.
Eisenberg & Associates
3580 Wilshire Blvd. Suite 1260
Los Angeles, California 90010
(213) 201-9331 phone
is your injury work-related? Feel free to call me at 213.388.7070 for a free consultation.
Generally no if you are on a work related leave but there are exceptions and would need to know more facts.
This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter or retainer agreement hiring me or my firm.
It is unlawful to discriminate, including firing, against an employee because of his/her serious medical condition. However, if you are on leave because of your medical condition and the employer would have fired you regardless of the med. condition or leave associated with it, that is not unlawful. Call an employment law attorney to discuss. 949-481-6909. www.employment-business-attorney.com
CAN they? Yes. But if you can prove it was 'because of' your leave or medical condition, then you might have a claim of discrimination or retaliation. If you think you can do so, then feel free to contact me to discuss your facts. I've been doing these cases for many years.