Legal Question in Medical Leave in California
Hello, I have been out on SDI - for 6 weeks -. Today was my first day back to work and I was "TERMINATED for Employee's Performance" was this a wrongful termination? Nancy F
Asked on 10/24/16, 9:43 am
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
The timing certainly raises questions. But you should know that even though you were out on disability leave, employers can still terminate employees for legitimate reasons, such as poor job performance. They just can't fire you because you took FMLA leave or discriminate against you because of your disability. You will need to have an employment law attorney review the facts in order to make an informed legal opinion about whether you have a case.
Answered on 10/24/16, 9:49 am