Legal Question in Disability Law in California
Fired while on State Disability
My friend was terminated while recovering from a non work related surgery. His company has more than 50 employees. First he was sent a certified letter telling him he could not return until released by his doctor. Then 2 days before the scheduled dr. visit he received another certified telling him he had been replaced. Is this legal?
1 Answer from Attorneys
Re: Fired while on State Disability
More facts are needed. When did his leave start? What is his expected return date? What is the company policy re medical leaves? How long has he been employed?
Generally a California employer is required to accomodate a disability. A leave is a form of accomodation. The employer must also engage in an interactive process to explore the appropriate accomodation. Your friend may have a claim. If he would like to discuss it in more detail, feel free to call or email my office.
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