If I am 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?
Answered 6 years ago|
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.
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 go to AttorneyPages.com
and retain an attorney to represent you.