Legal Question in Employment Law in California

Termination after disability

My company has an ''at will'' employment policy. How soon can they terminate an employee ''at will'' after they return to work following a disability leave? If a year has passed since the initial injury, is the company ''off the hook'' to retain the injured worker's position? What if they eliminate the position due to downsizing?


Asked on 8/29/02, 2:01 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Termination after disability

There are no fixed time limits; so, if you have facts that would show termination 'because of' the leave, you may have a case. Call if interested 714-960-7584

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Answered on 9/02/02, 5:19 pm

Re: Termination after disability

-There is no set rule as to how long the company has to retain you after it restored you to your position. Sometimes, however, a company will use a layoff to mask discrimination. I would need more facts to determine whether this is the case. Feel free to e-mail me or call me at 805/641-6600.

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Answered on 8/30/02, 12:01 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Termination after disability

There is no clear cut rule...how soon an employer can get rid off an employee after he or she comes back from a disability leave. In CA...there is always a presumption of "at will" employemnt that does not necessarily mean an employer can wrongfully terminate an employee.

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Answered on 8/29/02, 7:46 pm


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