Legal Question in Employment Law in California

emplyment

can an employer fire me if i was terminated while i was on disability even while i was still in my probationary period.


Asked on 3/06/09, 5:06 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: emplyment

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

If you are out longer than those guarantees, they can fire you.

Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.

Now, if they violate those rules, contact me for the legal help you'll need.

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Answered on 3/09/09, 5:41 pm


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