Legal Question in Disability Law in California

Fired for being sick

I was recently terminated (yesterday 5-16-2001)from my employment with The Old Spaghetti Factory International, because Im on disability due to Hepatitis C. Im currently undergoing treatments, adn due to complications of those treatments, i have been taken back off work. I took my FMLA in Oct, Nov, Dec of 2000, and my employer is now firing me for no other reason than Im ill with an infectious disease. Do I have any rights or can they legally do this? This means they are cutting off my medical insurance and I do not want to quit my job. Is there anything I can do?


Asked on 5/17/01, 2:39 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Fired for being sick

Under the FMLA, employers are only required to keep your job open for 12 weeks within a 12 month period. If the time you have taken off for sick leave exceeds 12 weeks, and the company has not violated any of its own policies, there is no prohibition from terminating you for excessive absence.

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Answered on 6/22/01, 8:34 pm


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