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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Can I get fired while on state disability in California

Resolved Question:

Can I get fired while on state disability in California
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Are you on FMLA leave or other leave?

Did you exhaust your leave?

What was the employer's reason for terminating your employment?
Customer: replied 5 years ago.

FMLA leave and my leave has not been exhausted.

I was put on paid admin leave and told to report back to work on the 18th. On the 14th my doctor put me on medical leave due to stress and very high blood pressure. I had a stroke 2 months ago and recently returned to work. I was told that the paperwork had been started before I was on disability yet I was paid until the 18th. Can they do this while I'm out on doctors care which stated on the 14th. I was not advised that I was being terminated until I got a letter in the mail today. Please help

Expert:  Tina replied 5 years ago.
Thank you for the additional information.

The FMLA expressly requires the employer to protect your job or equivalent while you are on such leave typically.

Unless the employer can prove that you were terminated for some wrongdoing AND would have been terminated even if you had not taken leave, you would typically be entitled to seek lost wages and benefits due to their wrongful termination.

Here is a link that provides more information:

I would look for a local employment law attorney to represent you. Look for ones who take contingency fee cases if possible.

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Customer: replied 5 years ago.
On my termination letter it does not state why I was terminated just that my last day was the 18th. Originally I was told to take until the 17th and then come back to work. I was caught on the internet during work hours for the 2 day suspension with pay. Can they suspend me yet not even document on my letter what the termination is for? They told me to go home on the 13th and the doctor put me on disability on the 14th. So a person can be terminated even though I was on disability on the 14th?
Expert:  Tina replied 5 years ago.
Yes, they can suspend you without documenting why they terminated you, although this is not a good business practice typically.

They can terminate you while you are on leave, if there is good cause to do so. The FMLA does not protect employees from being terminated for cause. It protects them from being terminated for taking leave.

Tina and other California Employment Law Specialists are ready to help you