If Iam on disability can my employer terminate me?

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If Iam on disability can my employer terminate me?

I have been on disability for 3 months. I have been let go due to my employer’s claim that I have abandoned my job. They claim that they have called me 4 times which they did not. They called me once and never left a message. So is that legal?

Asked on December 13, 2010 under Employment Labor Law, California

Answers:

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

Answered 11 years ago | Contributor

The law as to termination while on short term disability varies from state to state.  It is my understanding that in California an employer must hold open your job for 12 weeks while on short term disability.  If, however, the disability continues after 12 weeks they can terminate you.  Your issue here seems to focus on notice and that very well may be  consideration in your case.  If I were you I would consult with an employment attorney in your area as to the required information regarding the entire issue that was to be given you upon your leave, the role your disability carrier has in all of this, etc.   Good luck to you.


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