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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11279
Experience:  Significant experience in all areas of employment law.
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My manager put me on a plan where I'm about to get fired in

Customer Question

My manager put me on a plan where I'm about to get fired in 2 weeks. If I get on short term disability under california law can they still fire me? I'm looking for another position and don't want to be unemployed when they do a background check
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: It's with sales and I'm an exempt employee
JA: Anything else you want the lawyer to know before I connect you?
Customer: What can my current company tell the company I'm applying for during the background check?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you.

CA law would prohibit your employer from firing you BECAUSE you are disabled. However, that doesn't mean that can't fire you for other unrelated reasons, such as performance reasons. Since you are already on a plan which documents that there are some sort of performance issues here, any disability discrimination suit would likely fail in the event you go on disability and are fired, simply because it is clear that there was some other basis for letting you go and that it wasn't simply "because you are disabled."

As for what your currently employer can tell future employers, the law permits them to make any true statement of fact and any statement of opinion. However, to avoid trouble, most employers just confirm dates of employment. So, this is really your best window to look for a new job right now, before your current employer would be called for a background check and before you are let go so there is no gap in your employment history. Howver, if you are let go before you find a new job, it's not the end of the world. You can collect unemployment benefits (unless you are already collecting disability as you cannot collect both at the same time) and your current employer will most likely just confirm dates of emploiyment if called for a reference.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Expert:  Patrick, Esq. replied 1 month ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get paid for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.