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


Asked on 5/22/08, 5:13 pm

2 Answers from Attorneys

William Kampf Kampf Whang, LLP

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.

Read more
Answered on 5/28/08, 10:15 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

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.

Read more
Answered on 5/29/08, 11:26 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California