Can you legally be laid off while on disability?

Asked over 2 years ago - Victorville, CA

I have carpal tunnel in both of my hands and my doctor has taken me off until 9/4/2012, my employeer contacted me yesterday and informed me that he has laid me off. Is this a legal action?

Attorney answers (2)

  1. Lesly Jeanne Adams

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . It depends...if but for your medical leave, you would have been laid off (reduction in force, department closure), it is probably legal. If the trigger of your lay off was your medical leave, it is possible that you may have a claim. It is difficult to analyze without more details.
    The first thing you should do is apply for unemployment. The second thing? Call an employment attorney. Good luck!

    Lesly J. Adams has been licensed to practice law in California since 2010. The information presented here is... more
  2. Michael Robert Kirschbaum

    Contributor Level 20

    Answered . Generally, it is unlawful for an employer to lay off an employee because of a disability. But an employer can lay off employees for legitimate reasons, such as a reduction in force for economic reasons, or for disciplinary or performance reasons. The issue becomes what the real reason was for your layoff. There is no way to offer an opinion based on the few facts posted.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more

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