Legal Question in Disability Law in California

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The general answer is yes, you can be terminated while on disability. Depending on the specific reasons for the termination that answer may change. Your company may or may not come under the ADA and the termination may or may not violate the ADA. More detailed information is needed.

Termination while on disability leave

The answer will vary greatly depending on the size of your employer. Coverage under various state and federal statutes may make termination while on a disability leave unlawful.

I would first determine if the disability was caused by a work related injury or illness. If yes, you should counsel with a workers' compensation attorney. The work comp attorney should also consider whether there are non-work comp issues (FMLA, CFRA, ADA, FEHA, etc.), in addition to the traditional work comp issues. If not job related, then you should contact an employment lawyer who is experianced in disability discrimination and the various state and federal leave of absence statutes.

The above is meant to assist in a general understading of the subject matter. IT IS NOT TO BE REGARDED AS LEGAL ADVICE AND NO ATTORNEY - CLIENT RELATIONSHIP HAS BEEN ESTABLISHED. Companies and individuals with particular questions should seek advice of counsel.