Can my employer terminate me if my doctor took me off work prior to my termination?
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Can my employer terminate me if my doctor took me off work prior to my termination?
I was sent home and told that I would receive a call as to when to return to work. I saw my doctor 2 days later and he took me off work. Then later that day I received a call from my employer who said I was being terminated in 4 days.
Asked on September 30, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes--while you it well be the case that you cannot be terminated owing to the medical condition (e.g. if it qualifies as a disability), that does not prevent your employer from terminating you for unrelated reasons, such as performance issues, absenteeism, insubordination, restructuring or lay offs, etc.; the medical issue or disability does not guaranty employment, but may only prevent you from being fired because of it. The key issue then is the reason for the termination. If you believe that there was no good reason for the termination--that it was because of the medical issue in one way or another--it would be worth it for you to consult with an employment law attorney to discuss the matter, and your rights (if any), in detail.
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