How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1285
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
Type Your California Employment Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

Is it legal to be fired when you are on disability? I live

Customer Question

Is it legal to be fired when you are on disability? I live in CA my company is out of NY?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to assist you.

The answer to your question depends on a variety of things. How long were you off of work? What specific medical condition were you suffering from? Were you on FMLA protected leave? How large is your employer?

Answers to these questions will provide me with the information I need to effectively address your concerns.

I very much look forward to helping you on this matter.
Customer: replied 4 years ago.

I went o disability on Friday May 31 due to stress, anxiety and depression and gave that information to personnel as soon as I picked up the documentation. Personel called my boss and 2 hours later I was let go. My employer is about 50 people but owned by a large company in Italy.I was not on FMLA.

Expert:  Patrick, Esq. replied 4 years ago.

Thank you very much for this additional information, it is very helpful.

Was there a performance-related reason for letting you go, or were you simpyl fired for being absent? Also, did you request FMLA or was it offered?