QUESTION
Does my employer have the right to let me go after being on disability?
Asked on Oct 23rd, 2012 on Labor and Employment - California
More details to this question:
I was on disability from March until October 2012 because I loss of my son. I was supposed to start on 10/15/12 and they do not have a position for me. This was never mentioned to me by my supervisor. She stated I would be returning to same position.
3 ANSWERS
If you were out on ADA, they do not have to hold the position open. If a position is open, they must return you to that position. But, that would not stop them from discharging you for another reason, so long as it is not in retaliation for the ADA leave.
Answered on Oct 26th, 2012 at 8:34 PM
In most no. Under the FMLA, assuming you were on FMLA leave, you are suppose to be reinstated to the position or a similar position as when you left.
Answered on Oct 25th, 2012 at 11:05 PM
Steven Lee Miller
While Fla (family medical leave act) if you qualify allows only 12 weeks, if the employer promised to keep your position open for the entire time you claim, then you may be able to sue for breach of contract.
Answered on Oct 25th, 2012 at 10:59 PM