Wrongful Term while on disability?

[MLEMA]

What is the name of your state? California

On February of 2007 while employed I went on disability to have my right ankle surgically repaired. One procedure on Feb 11, 2007 and a second procedure done on Mar 31, 2007.

At the end of July 2007, I tried to make an effort to return to work under light duty status, for the fear of losing my job due to my extended recovery. My employer said that they did not have enough light duty work to sustain a 40 hr work week. So we agreed to give recovery one more month and that I would still have a position with the company. August 27, 2007 I sent an email to the HR department manager to notify that I would be physically ready to return to work on Sept 7, 2007.

The email that I sent was received and a reply email was sent on August 28, 2007 from the HR manager stating that my employer would like to see me on or before August 31, 2007. I made the visit to my employer on August 29, 2007 and subsequently was let go due to the fact that their was no position available.

Thanks for the Free Advice!

[moburkes]

No, not a wrongful termination.

[cbg]

I don't know where the myth started that as long as you are collecting disabilty benefits you cannot be fired, but that is all it is; a myth.

Barring a bona fide contract or a state law that says otherwise (and CA does not have one that applies in this situation) the LONGEST an employer is EVER required to hold your job is 12 weeks. Once 12 weeks have expired, if you are not able to return to work it is LEGAL to terminate your employment, regardless of whether you are collecting disabilty benefits and regardless of the legitimacy of the need for additional medical leave.

They are NEVER required by law to provide light duty.