Can I get fired for being on disability?
I got injured from my knee. It has been a year and I’m still in disability. I received a letter from my job saying that I have been terminated from the company because they can’t accommodate me at work. One of my friends who is also a supervisor told me I can’t do nothing because they sold the company to a new owner and that the name will change. I live in California. I was wondering if I can do anything about being wrongfully fired.
- champerLv 74 weeks ago
If you cannot do your job despite the employer trying to make reasonable accommodations for you then of course they can dispose of you. That's not being wrongfully fired.
- STEVEN FLv 74 weeks ago
You can't be fired FOR being on disability.
You CAN be fired WHILE on disability for being unable to return to work within a reasonable amount of time. A full year is beyond the time frame protected by US law.
There is NOTHING you could do to your knee that would keep you out of work for a year that isn't PERMANENT.
Note: You CONFESSED to being a troll by stating ANYONE told you selling the company has ANYTHING to do with legal protections.
- random_manLv 74 weeks ago
The Americans with Disabilities Act requires employers to make "reasonable accomodations" to allow people with disabilities to work.
Perhaps they were unable to come up with accomodations that are "reasonable" for your job. If you can't do the work, how long do you expect them to keep you on?
- SimplytheFACTSLv 74 weeks ago
of course you can be fired for being unable to work an extended period. FMLA leave is limited. I don't know if your state has other laws.
it doesn't matter that the company was sold.
you can get a job that allows you to work with a bum knee.....that is a lazy excuse to not work.
no you don't get permanent disability at their expense, and you won't qualify for SSDI.
only if injured on the job do you get workmens comp
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- Spock (rhp)Lv 74 weeks ago
see an attorney who specializes in this sort of law. If they've concluded that you can't work [and thus have been terminated] due to on the job injury, you should get 'permanent' disability at their expesnse
- TavyLv 74 weeks ago
You were not wongfully fired, they need people to work, you are not able to do so, for a year ????? Who was doing your job in the meantime? you are no longer needed.
- SlickterpLv 74 weeks ago
You are being fired for not being at work for a year, not for being on disability. They need people at work. The sale of the company and name change has no bearing. Your disability will not end.
- BarryLv 64 weeks ago
IDK the law where you are but hopefully there are rules about this covering your situation. In the UK it's called redundancy through ill health and a financial severance package is agreed. As it seems you haven't been offered any such package I suggest you engage an employment lawyer to look at your case.
- BillLv 64 weeks ago
You were not wrongfully fired. You can no longer do your job so they let you go.