Can my employer lay me off when I'm on disability? They had to outsource my job because no one could do it. I've been off for 9 months.
I am on medical Disability, hey had to outsource my job because no one could do it. I've been off for 9 months.
2 answers | asked Feb 9, 2017 12:00 PM [EST] | applies to California
Answers (2)
Depending on the details, this could go either way. It's worth looking into. I highly recommend that you discuss the details with an experienced employment law attorney. The "FInd A CELA Member" link at www.cela.org is a good resource for locating an employee-side attorney.
posted by George Allen | Feb 9, 2017 1:04 PM [EST]
posted by George Allen | Feb 9, 2017 1:04 PM [EST]
Hello,
The question is what the real reason for your termination is. If there was an independent reason for termination and they truly outsourced your job, then it's legal. If there is evidence that it's just an excuse for terminating you due to your disability and/or disability leave, then this might give rise to a wrongful termination claim. You should discuss this further with an experienced employment attorney.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
posted by Arkady Itkin | Feb 9, 2017 1:03 PM [EST]
The question is what the real reason for your termination is. If there was an independent reason for termination and they truly outsourced your job, then it's legal. If there is evidence that it's just an excuse for terminating you due to your disability and/or disability leave, then this might give rise to a wrongful termination claim. You should discuss this further with an experienced employment attorney.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
posted by Arkady Itkin | Feb 9, 2017 1:03 PM [EST]
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