Legal Question in Disability Law in California

Re: Disability Law (CA)

1. Terminating an employee while on disability is a bad idea. The timing - in other words, the proximity of the medical condition and the adverse employment action will create a presumption of disability discrimination under FEHA for which you will likely be found liable. Whether her disability is work related or not doesn't really matter in this case.

2. When she returns, you have an affirmative obligation to engage in interactive process - a good faith attempt to accommodate her condition (without undue burden on your business). This accommodation doesn't have to be what she chooses, but it has to make her performance of the same or similar duties possible.

Thanks,

Arkady Itkin

California Employment Attorney

Re: Disability Law (CA)

While you can get some free general guidance on this site, no one should be giving you 'legal opinion' upon which you can intelligently rely to make important business decisions that risk litigation. You need to consult with someone experienced, discuss all the facts, and then obtain real advice. A little knowledge is a dangerous thing.

With that said, there may be no absolute bar to you terminating such employee, however you'd better understand the relationship between her condition and the employment Disability laws and rules, and the difference between them and simple medical leave rules. If she qualifies as 'disabled' under the discrimination laws, she is protected in many ways.

Feel free to contact me if you want to sit down and learn what is needed in this situation.