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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4864
Experience:  Extensive experience representing employees and management
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I live in California. I had a Major Medical issue which incapacitated

Resolved Question:

I live in California. I had a Major Medical issue which incapacitated me mentally. My doctor put me on Medical disability. After 5 to 6 weeks my employer terminated me and my doctor continued my temporary disability for 12 months. Now I am released back to work by my doctor and I am applying for unemployment while searching for a job.

Question A) Did my employer have legal right to terminate my job while I was on disability?
Question B) Can my employer deny me unemployment?

FYI: While I was on medical disability my doctor was communicating with my company and extending my disability date due to the fact I was incapacitated.
Submitted: 8 months ago.
Category: California Employment Law
Expert:  Joseph replied 8 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Can you tell me if you were on any form of protected leave while on disability or just disability?

Were you receiving SDI benefits at that time?
Customer: replied 8 months ago.

I was receiving disability benefits, if protected leave means FMLA, PDL or CDPL, etc I was not.

Expert:  Joseph replied 8 months ago.
A) Yes, unfortunately, your employer did have the legal right to terminate you although you were on disability. You are only protected from termination when you are on a form of job-protected leave like FMLA.

B) No, you were terminated through no fault of your own due to the medical issue. Now that you are ready and able to work you are entitled to receive unemployment benefits until you can secure suitable employment. You are entitled to receive unemployment benefits and cannot be denied that right by your employer.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph

Joseph, Lawyer
Satisfied Customers: 4864
Experience: Extensive experience representing employees and management
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