Legal Question in Medical Leave in California
Termination after Medical Leave Act
In a firm of about 100 employees, one employee is out for almost three months due to a double bypass. While he is convalescing, three new employees are hired. He returns to work, and after 10 weeks is laid off. He is the ONLY one laid off. Should not have one of the new hires been laid off before him? Was this legal? Previously, he had worked there for over 8.5 years without any incident.
Suspicion is that health costs for firms skyrocketed (due to his illness)and thus, the lay off.
Please let me know if this is legal? Thank you. KN
1 Answer from Attorneys
Re: Termination after Medical Leave Act
It is simple for me to say that it's unlawful to terminate an employee because of a disability. The hard part is trying to prove that is really the reason, rather than the reason the employer offers. Unless there is a policy or practice that this employer follows a seniority system, it is not required to lay off based on seniority. It does raise questions though. A more in depth review of the facts is necessary by an attorney in your area to assess the case. You may also contact the Department of Fair Employment and Housing. Bear in mind that this must be done within one year of the effective date of termination or any claim of discrimination is lost.
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