Can my employer fire or lay me off for unrelated issues such as downsizing while I am on disability?

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Can my employer fire or lay me off for unrelated issues such as downsizing while I am on disability?

Asked on June 22, 2011 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, your employer can do this. The fact is that an employee who is out on disability can be laid off if their termination is due to another reason unrelated to thier disability leave; you can't be terminated simply for being sick but you can be for another work-related reason. Without more details of your case it's hard to say. Just know that down-sizing serves a legitimate purpose, so unless you can show that this down-sizing was a direct result of your disability you have no claim. 


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