Legal Question in Employment Law in California

Termination while on disability

Kaiser Permanente put me on disability for stress at work on 10/29/2003. My employer has been notified of the disability. I signed up for a group work clinic to help me through this crisis for 6 weeks with Kaiser. I received a registered letter from my employer notifying me that I was terminated for cause on Nov 13, 2003. Can they terminate me while I am in disability?


Asked on 11/15/03, 6:47 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Termination while on disability

Based on info provided, cannot answer fully. Please call. Don Holben 800-685-6950

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Answered on 11/20/03, 4:33 pm
Terry A. Nelson Nelson & Lawless

Re: Termination while on disability

'for cause' must mean something related to THEM putting you on leave, rather than you requesting leave. Sounds like they are alleging you have serious performance, attitude, or behavior problems, which might be grounds for termination 'for cause'. You might be entitled to take medical leave per company policies, with dr verification, but that does not prevent otherwise valid termination during leave. You might be entitled to certain legally provided medical leaves if you meet the criteria, but that wouldn't prevent termination 'for cause' either. There is insufficient info from you to give an opinion on the termination or leaves.

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Answered on 11/20/03, 7:54 pm


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