Legal Question in Employment Law in California

Is it legal to terminate my position at work when I am on temporary disability?

Is it legal to eliminate my position at work when I am on temporary disability? The firm has 15 employees.


Asked on 11/11/99, 1:56 am

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Is it legal to terminate my position at work when I am on temporary disabili

Yes it is

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Answered on 11/16/99, 4:17 am
Roger Renfro Renfro & Associates Law Corporation

Re: Is it legal to terminate my position at work when I am on temporary disabili

In answering your question, it is assumed you reside and work in California. Your question does not state why you are on temporary disability. Under certain circumstances, it may be "legal" for your employer to terminate your employment at anytime, including while on a temporary leave of absence. On the other hand, your employer may not have the discretion to do so if you have a written employment agreement providing otherwise, or the employer's employment policies would prevent such a termination under certain circumstances, or your temporary leave is due to pregnancy, or an illness of a close relative (assuming you previously notified your employer of such), etc.. I suggest you consult with a local employment attorney to explore what specific legal rights have been violated, if any. Good Luck.

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Answered on 11/16/99, 11:35 am


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