Recently, you sustained an injury either on or off the clock that left you unable to return to your position in California. While you did everything that you could to reassure your boss of your desire to return to work as soon as you recover, you learned that you no longer have a position with the company. You may not have a position, but you may have a legal case.
Chron explores whether employers can terminate employees due to a medical issue. After your injury or medical issue, the last thing you want to deal with is yet more bad news.
For on-the-job injuries, workers’ compensation may cover your medical bills. That said, your employer could have the legal right to give your position to someone else if you have a long-term injury that takes a while to heal enough for you to return to work. Speaking with a legal professional is the best way to determine what rights you and your employer have in this situation.
Family and Medical Leave Act
Under the Family and Medical Leave Act, you may opt to take as many as 12 weeks of unpaid leave within 12 months to recover from your injury or medical issue. There are also family and medical leave laws specific to individual states, ones that prevent companies from firing injured employees and those with medical issues.
Americans With Disabilities Act
Depending on your medical issue and the disability it may cause, the Americans With Disabilities Act could protect you and your position. Rather than terminate you, your employer should first look into making reasonable accommodations to the office that allow you to fulfill your job duties, accommodations that do not prove a massive expense.
This information is only intended to educate and should not be interpreted as legal advice.