Disability Law (CA)
I am an employer, and one of my emlployees is out on short term disability. Her disabilty is no work related, and is ongoing. I have two questions:
1. )Can I terminate her while she is off on disability?
2.) When she returns, does she have to have the same job as she had before?
2.) If not
Re: Disability Law (CA)
While you can get some free general guidance on this site, no one should be giving you 'legal opinion' upon which you can intelligently rely to make important business decisions that risk litigation. You need to consult with someone experienced, discuss all the facts, and then obtain real advice. A little knowledge is a dangerous thing.
With that said, there may be no absolute bar to you terminating such employee, however you'd better understand the relationship between her condition and the employment Disability laws and rules, and the difference between them and simple medical leave rules. If she qualifies as 'disabled' under the discrimination laws, she is protected in many ways.
Feel free to contact me if you want to sit down and learn what is needed in this situation.
Re: Disability Law (CA)
While you can get some free general guidance on this site, no one should be giving you 'legal opinion' upon which you can intelligently rely to make important business decisions that risk litigation. You need to consult with someone experienced, discuss all the facts, and then obtain real advice. A little knowledge is a dangerous thing.
With that said, there may be no absolute bar to you terminating such employee, however you'd better understand the relationship between her condition and the employment Disability laws and rules, and the difference between them and simple medical leave rules. If she qualifies as 'disabled' under the discrimination laws, she is protected in many ways.
Feel free to contact me if you want to sit down and learn what is needed in this situation.
