Legal Question in Employment Law in California

Laid off and under doctors care

I was laid off and I'm under doctors care. The doctor reduced my hours from 8 to 6. Is it legal to lay me off while under doctors care. also I heard that the next day they hired someone. Is there a time limit as to how soon they can hire someone when they just laid me off?


Asked on 8/25/01, 3:03 am

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Laid off and under doctors care

Thanks for your email. Most employment in California is at will, meaning you may be fired at any time, for any reason, or for no reason at all.

If your firing was because of some discriminatory purpose, or as retaliation because of an injury, you may have a claim.

Also, I should mention that there is no "waiting period" by which an employer may rehire for a position.

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Answered on 9/04/01, 5:04 am
Thomas Pavone Pavone & Cohen

Re: Laid off and under doctors care

If you have a disability, a lay off BECAUSE of the accomodation your Dr. has ordered, (reduction to 6 hours), a lay off or termination may be a violation of State or Federal disability discrimination statutes. You should consult with an experianced employment lawyer.

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Answered on 9/06/01, 1:50 pm


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