Employment Law

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Can an employer layoff an employee while the employee is on…

Customer Question
Can an employer layoff...

Can an employer layoff an employee while the employee is on Disability?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will part time

Submitted: 9 months ago.Category: Employment Law
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Answered in 1 minute by:
9/14/2017
Employment Lawyer: Loren, Lawyer replied 9 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,271
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Employment Lawyer: Loren, Lawyer replied 9 months ago

Under the FMLA and CFRA, an employee cannot be fired simply because he or she is on medical leave. When determining if an employee was wrongfully terminated, the reason the employee was fired is the most important aspect to look at, not necessarily the timing.

The law allows employees to take time off for medical reasons. An employer cannot terminate an employee because he or she has an illness or medical condition, or because the employee is on medical leave.

Nonetheless, if there is another reason for the termination, separate from the medical leave or medical condition, that action is not protected by the FMLA and CFRA.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Employment Lawyer: Loren, Lawyer replied 9 months ago

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Employment Lawyer: Loren, Lawyer replied 9 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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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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