Do I have any legal recourse if they terminate me because of my documented health issues?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have any legal recourse if they terminate me because of my documented health issues?

I work for a small company with less than 30 people. I have been dealing with some chronic health issues. It’s not a document disability, yet. I have been providing my employer with doctor’s notes when I am out of the office for the last 3 months. Last week my employer told me that they had hired someone new to do my job, and they wanted me to start working part time. They said the reason for the change was my health, and that it’s affecting the business. I will be training this new person for the next three months, and I have a feeling they will be terminating me soon after the new person is trained.

Asked on July 3, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An employer cannot terminate you *because* you have a disability or other health issue, but they can terminate you for absenteeism or attendence reasons, or for job performance, even if those come from or are related to health issues. IF you have been missing alot of work and/or have been less productive when at work, your employer could legally terminate you; they are not required to employ someone who does not do the job for which he/she was hired.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption