Do I have any legal recourse if they terminate me because of my documented health issues?
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Do I have any legal recourse if they terminate me because of my documented health issues?
I work for a small company with less than 30 people. I have been dealing with some chronic health issues. It’s not a document disability, yet. I have been providing my employer with doctor’s notes when I am out of the office for the last 3 months. Last week my employer told me that they had hired someone new to do my job, and they wanted me to start working part time. They said the reason for the change was my health, and that it’s affecting the business. I will be training this new person for the next three months, and I have a feeling they will be terminating me soon after the new person is trained.
Asked on July 3, 2015 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
An employer cannot terminate you *because* you have a disability or other health issue, but they can terminate you for absenteeism or attendence reasons, or for job performance, even if those come from or are related to health issues. IF you have been missing alot of work and/or have been less productive when at work, your employer could legally terminate you; they are not required to employ someone who does not do the job for which he/she was hired.
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