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Can I be laid off due to medical reasons?

Herndon, VA |

I have been out of the office and am on a short-term disability since late October 2008. In December, I had surgery where gall bladder, spleen and part of my pancreas were removed due to disease. I expect to be able to return to work on March 2 but suspect that my employer, a national company based in Santa Ana, CA, may eliminate my position as I've been out of work for so long.

I have always had excellent performance reviews in my 18 years plus at the company. I am a 51 year old woman. Please advise whether or not my company can do this. Thank you.

I've been receiving disability from our insurer, which has been getting regular updates from my doctor. Does that qualify as being "legally" disabled?

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Attorney answers 1


You need an attorney to analyze whether you qualified for protections to those disabled. For example, if you are legally disabled, you may be protected by law and they may not have been able to law you off.

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