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I was just put on corrective action for 90 days. Due to the

work load my doctor wants...
I was just put on corrective action for 90 days. Due to the work load my doctor wants me to go out on disability. Can I still get fired while out on disability ?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Californina
JA: Is the employment agreement "at will," union, full time or part time?
Customer: We are not a union.. need to read employment agreement not sure about "at will". What does that mean
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
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Answered in 5 minutes by:
11/14/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,788
Experience: Exclusively practice labor and employment law.
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You may be terminated while on disability if the employer can show that it would have terminated you absent the disability leave. The medical leave laws only protect you in the instance if you are terminated for taking the very medical leave; not for other reasons. In this situation because you're on corrective action for 90 days, your absence can't be held against you. For example, if you're unable to meet a production goal because you were gone most of the 90 days, the employer can terminate you for failing to meet that goal without consideration of the fact that you're gone most of the time on medical leave.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,788
Experience: Exclusively practice labor and employment law.
Verified
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Customer reply replied 3 days ago
can I be fired while on disability ?
Customer reply replied 3 days ago
If the doctor puts me on disability for 30 days and I go back to work at that time I will be fired ?
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John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,788
5,788 Satisfied Customers
Experience: Exclusively practice labor and employment law.

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