Legal Question in Disability Law in Georgia

Re: Can I Be Laid Off While on Disability Leave?

Generally, an employer can terminate any at-will employee at any time, even if the employee is on family and medical leave. However, the employer cannot terminate an employee BECAUSE the employee is on leave or because of any disability, unless the employee cannot perform the essential functions of his/her job with or without reasonable accommodations. Your situation may or may not be the result of unlawful discrimination. If you can show that you were terminated because of your medical condition or because you took leave, you may have a claim. However, there are a number of factors that enter that equation, such as the company's reasons for selecting your job for elimination, the total number of employees and jobs that were eliminated, the relative qualifications (other than just seniority) and job duties of the employees kept, etc. If you feel you have been the victim of discrimination, you can file a charge with the EEOC for disability discrimination or call the Department of Labor if you feel your FMLA rights were violated.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied. Consult with your own attorney before taking legal action.