California Employment Law
California Employment Law Questions Answered by Legal Experts
Thank you, XXXXX XXXXX helpful. So is it legal for them to fire him because of this disability? Should I pursue additional discussions with a lawyer?
To be eligible for leave under the FMLA or the CFRA in California, an employee must be either a full-time or part-time employee, have more than 12 months (52 weeks) of service with the employer, have worked at least 1,250 hours in the 12-month period (24 hours per week) before the date the leave begins, and work at a location in which the employer has at least 50 employees within 75 miles radius of the employee's work site.
In CA, and all other states besides MT, employees are presumed to be "at will." At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory.
Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.
So, there is probably no benefit to be had by hiring an attorney in this instance.
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