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

I was just put...

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 ?

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

Californina

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

We are not a union.. need to read employment agreement not sure about "at will". What does that mean

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Answered in 5 minutes by:
11/14/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,009
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.

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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,009
Experience: Exclusively practice labor and employment law.
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Customer reply replied 8 months ago
can I be fired while on disability ?
Customer reply replied 8 months 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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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.

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