Legal Question in Employment Law in California

Terminating an employee while on disablity

One day after having job status changed from salaried to hourly (due to excessive absences/tardies,etc.) employee left for last minute dr's appt; we later received a fax stating employee was going out on disablity until 8/30. We are not interested in retaining this person as an employee and need to replace her ASAP. What recourse do we have? We are a very small office (5 employees including owner) and this has left us in the lurch; we have no ''HR'' dept to guide us!


Asked on 7/19/07, 10:51 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Terminating an employee while on disablity

Before you make any decision on terminating this employee, it is imperative that you review all of the facts with an experienced employment law attorney. If you fire this person after she went on disability, you run the risk of being sued for disability discrimination, particularly since you did not fire her before you changed her employment status. If there are legitimate grounds to discharge her employment, it must be carefully documented and substantiated. Getting advise in this forum is not going to provide the necessary help you will need.

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Answered on 7/19/07, 12:20 pm


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