Legal Question in Employment Law in California

fair termination

I Have been on DISIABILTY FOR 3 MONTHS. My employer terminated me and my insurance without warning.. Can they do this??


Asked on 2/06/05, 5:12 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: fair termination

There is not enough information to offer an opinion. The length of time you were out is critical because if you qualify for medical leave under the FMLA, employers are only required to hold your job for up to 12 weeks. You said you were out 3 months, so time may have run out.

Whether they had to hold your job longer depends on many factors they may apply to such laws as the Americans with Disabilities Act or the California law that is similar, but you offer no facts to determine whether you had a qualified disability, or whether the employer had a duty to discuss with you a reasonable accommodation.

Schedule and appointment with an employment law attorney to review your case.

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Answered on 2/11/05, 9:17 pm


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