Legal Question in Employment Law in California
I am currently recovering from a life threatening illness and have been off work since December 20, 2013. My FMLA has expired. I have worked at this company for 14 years in management. After multiple assurances that my job was secure I have just been notified that I am being terminated because FMLA has expired and they have elected to not extend my Leave of Absence. I live in California. I am 57 years old. I am under the care of three doctors and they will not release me to go back to work yet. Is this termination legal?
2 Answers from Attorneys
FMLA protects your job up to 12 weeks. After that, however, your employer has a duty to "reasonably accommodate" your medical condition - up to the point of undue burden on them. Also, it is unlawful to fire an employee because of his/her serious medical condition. Call an employment law attorney to discuss.
Yes, unfortunately.
Unless you can show that your condition falls under the definition of a 'disability' defined by the ADA, there is no requirement of accommodation.
Unless you could show the termination was 'age motivated', it would not be protected by the ADEA laws either.
You should consult with employment experienced counsel on those issues before making any decision though.
If serious about hiring counsel to do so, feel free to contact me.
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