Can you get fired while on disabilty?
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Can you get fired while on disabilty?
I hurt my knee after my grandpa’s funeral and have been off of work for a few months and started my disability. Now I’m going to have surgery but my job fired me.
Asked on September 17, 2011 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can't be fired simply because you went on disability. However, in some circumstances, depending on how long you've been off work and how much longer it will be before you can return to work, your employer may be able to terminate you.
In other words, if you were fired solely for the reason that you are on medical leave then it is not legal. However, if you have been out for an extended period (in CA 180 days or more), your employer has the right to re-place you. Additionally, if you were laid because of other work-related reasons then your dismissal is also legal.
Bottom line, being out on medical leave does not automatically mean that you can't be discharged.
If you feel that you have been wrongfully terminated, you can file a complaint with CA Department of industrial Relations or consult diereclty with an employment law attorney.
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