Can I Be Fired While on Long-Term Disability?

Multiple California laws provide significant protections for employees on leave for a disability, but they do not guarantee indefinite job security. 

If you believe you have been wrongfully released from your job, contact our Los Angeles wrongful termination attorneys today. Call us at (949) 379-6250 today.

What Laws Are You Protected By If On Long-Term Disability?

Employees on long-term disability in California are protected by several state and federal laws:

California Family Rights Act (CFRA) and Family and Medical Leave Act (FMLA)

Both CFRA and FMLA provide up to 12 weeks of job-protected leave within a 12-month period for serious health conditions. While this does not guarantee job security beyond 12 weeks, it prevents employers from terminating employees solely for taking medical leave.

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations, as long as it does not cause undue hardship. Under the ADA, an employer cannot terminate an employee simply because of a disability. However, if the employee cannot perform essential job functions even with reasonable accommodations, termination may be justified.

Fair Employment and Housing Act (FEHA)

Similar to the ADA but broader in scope, FEHA protects employees with disabilities from discrimination and requires employers to engage in an interactive process to explore accommodations. This includes extended medical leave if it does not cause undue hardship to the employer.

California State Disability Insurance (SDI)

California’s SDI program provides partial wage replacement for employees unable to work due to a non-work-related illness or injury. However, it does not offer job protection.

When Can an Employer Fire Me When on Long-Term Disability?

Employers can terminate an employee on long-term disability if:

• The leave of absence causes undue hardship to the business.
• The employee is no longer capable of performing essential job functions, even with reasonable accommodations.
• The termination is due to a legitimate business reason unrelated to the disability, such as company-wide layoffs or poor performance.

To protect your rights, maintain clear communication with your employer, provide required medical documentation promptly, and engage in the interactive process in good faith. 

When Is It Wrongful Termination if My Employer Fires Me While on Long-Term Disability?

In California, wrongful termination occurs when an employer fires an employee on long-term disability in violation of state or federal laws that protect disabled workers. It is considered wrongful termination if:

• Disability Discrimination Occurs: Under the ADA and FEHA, employers cannot terminate an employee solely because of a disability. 
• Retaliation for Taking Medical Leave: If the termination is a direct result of the employee taking medical leave under the CFRA or the FMLA,  it is considered retaliation and is illegal. 
• Failure to Provide Reasonable Accommodations: Employers are required to engage in an interactive process to determine reasonable accommodations for employees with disabilities. If the employer refuses to provide reasonable accommodations or terminates the employee without demonstrating that the accommodation would cause undue hardship, it is considered wrongful termination under FEHA and ADA.
• Violation of Public Policy: Termination is deemed wrongful if it contravenes public policy, such as retaliating against an employee for filing a workers’ compensation claim, reporting workplace safety violations, or exercising other protected rights.

To prove wrongful termination, maintain documentation such as medical records, any communication with your employer, performance evaluations, and records of accommodations requested or provided. Contact us at Aegis Law Firm to seek legal guidance. Call (949) 379-6250 today.