That depends on what you are being fired for, if you are being fired for being out of work, that is illegal, if however your employer were to fire you for reasons unrelated to the medical leave, that could be legal depending on the reasons.
Question 1 Can you be fired if you are on disability due to a medical condition like cancer by your employer? Question 2 Can your employer fire you while on a medical disability over 6 months
In California, an employer generally cannot fire an employee solely for being on long-term disability if the employee is protected under the Fair Employment and Housing Act (FEHA) or the Americans with Disabilities Act (ADA). However, if the employer can demonstrate that the termination is based on legitimate business reasons unrelated to the disability, it may be permissible. Employees on long-term disability still need to comply with company policies and may be subject to termination for reasons not related to their disability. It’s advisable to consult with a legal expert for specific cases.
The Family Medical Leave Act provides 12 weeks of job protected leave, and applies to employers with 50 or more employees. If you are out of work longer than 12 weeks, and/or your employer has less than 50 employees - you can be fired.
An employer can fire an employee for any reason at all and need not explain to the former employee. Firing an employee for personal reasons that do not involve race, sex, age, religion, or disability is perfectly legal for employers of any size.
If you were doing your job there would be no reason for your employer to threaten to fire you.
If you are on short term disability, they cannot fire you. You are likely to face the end of your employment upon return from LOA. Contact HR and find out either how to extend your disability term until fully recovered or ask for information on their COBRA plan and your separation pay.
no. under the disability act. a employer cannot fire you if it can be proven that adjustments to compensate for your disability were not made. flexible hours (sleep problems) employers must be able to prove that it would be financially impossible to make adjustments to compensate otherwise you were discriminated against..
An employer need not accommodate an employee's alleged disability until the EMPLOYEE initiates a request for a specific accommodation, and provide medical evidence of the impairment. THEN, the employer decides if the impairment can be accommodated, either the way the employee suggests, or any other way which is not costly or violates a union contract. An employer attempting to fire an employee does not necessarily violate ADA. Back pain is not disability. ADA disability is a permanent condition which substantially impairs a major life activity: seeing, hearing, walking, talking, eating, sleeping.
Have the employer write a letter stating that they only hire women so that they can fire them. Then have the employer get it notarized.
Absolutely not it has nothing to do with the employer
Yes, in fact, the employer is specifically asked for such information.
In the US, California, Hawaii, New Jersey, New York, and Rhode Island impose mandatory state disability insurance programs for employees. The purpose of the programs is to provide some protection against wage loss caused by short-term non-work-related disabilities. The insurance premium is submitted to the insurer by the employer but paid either jointly by the employer and the employee, or entirely by the employer, depending on the employer's good will. There are some limits to what the employee may be required to contribute by the employer. This insurance is in addition to two well-known government disability programs: Worker's Compensation and Social Security. Employees' contributions are federal tax-deductible. Simple answer: No. Group Disability Insurance is not like Group Health Insurance -- and all the ERISA regulations that control how this employee benefit works. With Group Disability Insurance, an employer can "carve out" a select group of employees -- meaning the employer can create a "plan for just one employee (himself!)". An employer can also offer a contributory insurance plan, in which case the employee will contribute a certain percentage of premium. Or the employer can choose to offer a voluntary plan, where the employees enroll on their own accord and pay full premium.