Legal Question in Disability Law in California
Can a Employer do this?
My son went out on disability and is able to return to work in a week. He called his employer to let them know that he was returning and he told him that is was going to take him off the books and he'll re hire him when he gets back
1 Answer from Attorneys
Re: Can a Employer do this?
Yes, in CA he is an 'at will' employee that can be fired anytime for any reason, unless under a private written or union contract. Qualification for SDI is not the same as 'permanent disability' for the purpose of the ADA and job protection. If his leave exceeded that allowed by the company policies, he gets fired if they chose, or treated as a voluntary termination, and rehired if they are 'nice'. If he still has his job, no harm - no foul. If he actually has a 'permanent disability' under the definition of the ADA, then he has some job protections in the form of accommodations that must be reasonably made. If they refuse that, then have him contact me to discuss his rights.
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