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CA Employment Law
Los Angeles, CA
Viewed 60 times.
Posted about 1 year ago in Employment / Labor
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CA employment law - can an employee be fired for being on disability leave? If so, what is the timeframe that is considered unreasonable for employee to be on disability leave?
Answers (2)Alicia Irene Dearn
This attorney is licensed in California.
Posted about 1 year ago.
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Maybe. This area of law is fact intensive -- meaning that it really depends on your particular circumstances. You should consult with an attorney to discuss your situation confidentially and get a considered opinion.
Carl Andrew Botterud
This attorney is licensed in California.
Posted about 1 year ago.
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The answer will depend on a number of questions. How large is the employer? How long was the leave? Is the leave a protected leave under the Family Medical Leave Act or California Family Rights Act? Was this a pregnancy leave which has different protections. What is the company policy and practice regarding leaves? Did those policies or practices create a new contract right for the employee?
Finally, did the employer have an obligation to engage in a good faith interactive process and provide a reasonable accommodation for the employee? It is best to find a lawyer who practices in the area of employee rights. The California Employment Lawyers Association is such a group of lawyers (www.cela.org) as is the National Employment Lawyers Association (www.nela.org) |