Legal Question in Employment Law in California

Terminate while on medical disability

My partner is currently on medical disability. Her docter put her on disability in Sept. Her employer told her she had to sign a paper that agreed to the FMLA act at that time to hold her position. Her time has run out and her surgery was a week ago. Today we recieved a letter stating that she will be terminated as of today. Can they let her go when you are on medical disability? We are looking at a 4 to 6 month recovery time. And can she collect unemployment and disability at the same time?


Asked on 12/12/00, 11:52 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Terminate while on medical disability

Yes, they can fire her after her leave time expires. As far as whether she can collect both disability and unemployment, I don't know the answer to that offhand. I would advise her to go ahead and apply for it and see if they grant it.

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Answered on 12/13/00, 1:02 pm


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