Can my employer legally terminate my employment if I have been on disability for 6 months?

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Can my employer legally terminate my employment if I have been on disability for 6 months?

I injured my knee at work and had to go on disability for 6 months and had to have surgery. The doctor has released my to go back to work with limitations. My employer has terminated my employment because they say that it is their written policy to be able to terminate employment if the employee is not able to come back to work to full capacity. Is it legal CA to terminate an employee because of a disability?

Asked on June 28, 2011 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that you really know the answer to that general question.  No, you can not be terminated under the law for a documented disability.  If a written policy is against public policy and violates the law then it is void (but a court needs to make that determination).  Now, it does not mean that you can not be terminated while out on disability ever. So that is why this question is hard to give guidance on because more of the facts are needed and one needs to read all the documents involved.  Please go and seek consultation from an attorney in your area.  Also call the Department of Labor and speak with them.  Good luck.


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