Can I be fired From work upon returning from disability leave?
A Reader Asks This Question:
Thanks for looking. Ok.. Long story short… I tried committing suicide and have been placed on disability by my Psych. For 3 months. I work for a major insurance company in CA. Can I be fired upon returning? If so can I do anything about it? Thanks in advance?
Add Your Comments(s) Below…
3 Responses to Can I be fired From work upon returning from disability leave?
Leave a Reply
Thanks a lot for this informative post i like this post thanks a lot for this great information. keep posting and updating the blog. i like it so much….
Disability Products
Depending upon the timing, it could be disability discrimination if they did. If you’re worried about it, you need to document, document, document. So if in the event they do fire you, you’ll have documentation to back up how it all played out. I urged you to download this free report. It will show you how to do it along with a bunch of stuff that your boss (or co-workers) might be doing that can get them in trouble. It’s called “10 Things That Managers Do To Get Sued…And Lose In Court”
Can you be fired for taking a 3 month medical leave? No, they can’t fire you for taking the leave or they would have notified you by now that they were not going to hold your position while you were out.
Did you receive paperwork from your employer that they were designating this leave as CFRA-FMLA leave? Long story short, if your company has 50 or more employees they fall under these two laws. This is job protected leave, meaning they must reinstate you to your job or one of similar duties, same pay and benefits. You would be eligible for this leave if you worked for the company for 12 months, 1,250 hours. Google these two laws (one is state CFRA one is federal FMLA both apply in the state of California)
If they are firing you for performance issues, and you were being counceled about these issues before you began your leave then they can let you go. Most companies won’t take the risk of using the At-Will status a