Legal Question in Employment Law in California

I was recovering from surgury on disability and my employer fired me is this legal


Asked on 3/30/15, 3:24 pm

1 Answer from Attorneys

Maybe, maybe not. Just being out on disability, and even under the FMLA, is not a magic shield against termination for reasons unrelated to the disability or other need for leave. For example if there is a wave of layoffs and you would have been laid off anyway, just being on FMLA or disability doesn't protect you. Likewise, going on disability or other leave when you're already about to be fired for cause doesn't protect you. It only protects you from being fired BECAUSE you are on leave.

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Answered on 3/30/15, 8:21 pm


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