California Employment Law

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California Employment Law

My manager put me on a plan where I'm about to get fired in

Customer Question
2 weeks. If I...
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 year ago.Category: California Employment Law
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Answered in 3 minutes by:
11/1/2016
California Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,087
Experience: Significant experience in all areas of employment law.
Verified

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.

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California Employment Lawyer: Patrick, Esq., Lawyer replied 1 year 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.

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Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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