Legal Question in Disability Law in California

Out on disability-Can I get fired?

If an employee goes out on disability for a non-work related injury, can an employer hire someone to replace them and ultimately not rehire the person who went out ill?


Asked on 10/20/02, 6:30 pm

3 Answers from Attorneys

Re: Out on disability-Can I get fired?

I cannot answer the question without more facts such as how long were you out? could you be accomodated? etc.

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Answered on 10/23/02, 12:46 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Out on disability-Can I get fired?

As a general rule, employers do have the right to discharge employees for excessive absence. There are certain legal protections, however. For example, if you qualify, you may be eligible for protected medical leave under the medical family leave act. But you must ask for it. Also, employers are required to reasonably accommodate persons who suffer from qualified disabilities. But again, you must ask for reasonable accommodation. You probably should meet with an experienced labor law attorney to learn your options or assess your rights.

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Answered on 10/23/02, 1:17 pm
Terry A. Nelson Nelson & Lawless

Re: Out on disability-Can I get fired?

If you are the employer, you can do anything you like, consistent with the law, and your own policies so that your conduct is 'fair'. You risk claims and suits anytime you do anything adverse to an employee. Keep in mind that advice is worth what you pay for it. Real legal advice can be given only to 'Clients', and then only after learning all the facts. Call if interested in that arrangement.

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Answered on 10/23/02, 1:39 pm


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