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Under CA labor laws can I be fired while under doctors care and on temporary disability

Oceanside, CA |

I rolled my ankle and required surgery to repair it I had less than one percent mobility.

Attorney Answers 3


  1. You cannot be fired BECAUSE of your disability. However, as an at-will employee you can be terminated for any reason or no reason, just not an improper one. If they terminate you simply because you are on disability or medical leave that will be a violation. If they are downsizing or have non-discriminatory reasons they can still terminate you.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.


  2. You may not be terminated because you brought a workers' comp claim. If you are, the employer is subject to penalties under Labor Code Section132a.


  3. Generally speaking, an employee may not be terminated because he/she made a disability claim, or because that employee has become disabled but is still able to perform the essential functions of the job. But, it may be permitted, under proper circumstances, to "lay off" an employee during a disability period, if it is shown by the employer that the lay off had nothing to do with the disability claim and that the lay off would have occurred irrespective of the claim. The question also does not address whether you exhausted leave that may have been permitted under the company policy and/or CFRA. Quite frankly, I don't know if there is enough information in your question to properly address all the issues that may be at play here.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.