Can a company fire you while on disability?

Even after you have exhausted your 12 weeks of FMLA leave per year, the Americans with Disabilities Act (ADA) can make it difficult for your employer to fire you when you are out on disability leave. Fortunately, the ADA covers more small businesses than the FMLA—those with just 15 or more workers.

Can a person on disability file a wrongful termination lawsuit?

If you believe that your employer terminated your employment and violated the laws that were made to protect you in case of short- and long-term disability, you may have the grounds to file a wrongful termination lawsuit against your employer. Our Los Angeles employment lawyers offer free consultation and a zero-fee guarantee.

Can a disabled person work while on FMLA?

Although FMLA leave is unpaid, an employee can receive short-term disability or long-term disability benefits while on FMLA leave. And, in fact, many employers require you to use your allotted FMLA time while you’re on disability. For many disabled employees, FMLA is the most important form of job protection they enjoy.

Can an employee receiving long term disability benefits be dismissed?

Particularly when the employee is receiving short term disability payments, or if the employment contract states the employer must pay the incapacitated employee, termination is extremely tenuous. However, an employee on long term disability can be dismissed – typically when the employment contract has been ‘frustrated’ (see below).

Can a company fire you if you have a disability?

You cannot use it to claim that you’ve been wrongfully terminated. Under federal law, your employer can’t fire you if you qualify for the Family and Medical Leave Act or the Americans With Disabilities Act. Different states also have their own laws that protect employees from wrongful termination.

Can a disability cause an employer to terminate an employee?

The termination is unrelated to the disability or. The employee does not meet legitimate requirements for the job, such as performance or production standards, with or without a reasonable accommodation or. Because of the employee’s disability, he or she poses a direct threat to health or safety in the workplace.

When to fire an employee while on leave?

One situations in which an employer may be able to show a legitimate business reason for the termination would be if the employer discovered significant misconduct while the employee is out on leave. For example, learning the employee committed some type of theft or other dishonest act in the workplace after the employee went out on leave.