Legal Question in Employment Law in California
getting fired while on short term disability
is it legal for a company to lay you off while on short term disability
2 Answers from Attorneys
Re: getting fired while on short term disability
Technically, an employer may terminate an employee when the employee is on a leave of absence, but only if the employee would have been laid off had he/she never taken the leave. But if your position was the only position eliminated in this company layoff, then the termination is quite suspicious. Feel free to call me if you would like additional details.
Re: getting fired while on short term disability
Generally yes, they can terminate. However if this was an isolated event then as others have suggested your termination would be suspect. You should with an employment lawyer in your area.
Feel Free to contact my office.