• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

terminated while on disability

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

Lindadj

Guest
What is the name of your state?What is the name of your state?What is the name of your state? California
Can an employer fire you while you are on disability? My husband was a manager of a restaurant chain for 6 months. He was on disability for one month because of eye surgery, then got a phone call stating they were letting him go so they could move forward.
 


I AM ALWAYS LIABLE

Senior Member
Lindadj said:
What is the name of your state?What is the name of your state?What is the name of your state? California
Can an employer fire you while you are on disability? My husband was a manager of a restaurant chain for 6 months. He was on disability for one month because of eye surgery, then got a phone call stating they were letting him go so they could move forward.
My response:

Simple answer - - yes.

IAAL
 

cbg

I'm a Northern Girl
Despite what a great many people mistakenly believe, the law does NOT, in any way, shape or form, prohibit an employer from firing an employee who is on either short or long term disability leave. The law does not permit an employer from refusing to hire, firing, or selecting for layoff an employee BECAUSE THEY HAVE A DISABILITY as defined in the ADA; that is a very, very different thing from prohibiting an employer from firing someone who is on disability leave. Only a small fraction of people who are "on disability" qualify for protection under the ADA.

Unless state law specifically says otherwise, (and California law does not except in very limited circumstances which do not apply here) the longest an employer is required to hold an employee's job is 12 week. After that, if the employee is unable to return to work, the employer can legally terminate their employment, regardless of how legitimate the need for additional medical leave.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top