Ask Me Help Desk - Termination of employee while on disability leave?

Employed for 5 years as Office Manager. Doctor just put me on Calif. State Disability leave for surgery. My employer changed locks to front office door within 2 days of getting my disability paperwork as well as cancelling my medical insurance. He had informed me of neither of these events. (Other employees informed me of this) I understand that he is also looking for a new Office Manager. Employer angry over my leave because it does leave company stranded, but I gave him almost a year to get coverage in my department and he refused and my medical condition finally necessitated the need for this surgery. I just want to know if I am correct in feeling that I have been terminated from my position with this employer. I understand he has the legal right to terminate my medical insurance (though I don't know if he had right to do so without giving me any type of notice) while I'm on disability leave but should he have given me notice of his intent to do so? And with my position as Office Manager, should he have offered me new keys to the office if I am still an employee there? (I know he did this to lock me out. 5 years I'm a trusted employee and 2 days on disability leave and I'm not?) Employer has less than 5 employees (I know laws are different in regard to how many employees an employer has). Employer left message that the insurance company told him to cancel my insurance (I don't believe this at all). I haven't mentioned that I know about the door lock change yet. Should I demand a new set of keys if he won't admit that he has terminated me? Would this be an illegal termination of employment? Any recourse on my part?

I am not familiar with California law but I did check a California Employment site on the internet and it states that California is an “at will” State employees can be terminated at any time for any reason as long as the reason is not illegal. Illegal reasons are: age, race, sex, religion, national origin, DISABILITY, pregnancy. (I does not sound like this is disability related; it sounds more like your employer doesn't want your position vacant.)

If the employer has 20 or more employees separated employees may be allowed to continue their health insurance benefits for up to 18 months under COBRA after either voluntary or involuntary termination (as long as the separation from employment is not for gross misconduct). If there are 2 to 19 employees there are “mini” COBRA laws under which employees can qualify for 36 months of group health coverage.

I don't know how/why your employer is justifying cancelling your health insurance when he appears to be in violation of Federal Law.

As far as locking you out, terminating you - morally it stinks but I'm not sure he is legally wrong.

EEOC (which is Federal) can more fully advise you. On the face it does not sound like this is discrimination for health reasons - but I could very well be wrong. An employment Attorney would probably review your situation for the cost of an office visit and advise you how to proceed. I wouldn't waste a lot of time here but would move on this quickly as you do not have health insurance.

Sorry I can't be more helpful - I do know that if your absence will cripple your employer the employer is permitted to replace you.

Thanks for your reply. Do need to mention that I am not a State of California employee, just an employee who works in the State of California, for an employer with less than 5 employees. My employer minutes ago confirmed to me that he did terminate me. Said that I left him stranded by going on disability leave and that I have no job there anymore. He said that when I get off my disability leave, I can come into his office and re-apply for a position with his company though one may not be available. Nice employer, eh? I will contact attorneys..

Quote:

Originally Posted by Katherine Russo

Thanks for your reply. Do need to mention that I am not a State of California employee, just an employee who works in the State of California, for an employer with less than 5 employees. My employer minutes ago confirmed to me that he did terminate me. Said that I left him stranded by going on disability leave and that I have no job there anymore. He said that when I get off my disability leave, I can come into his office and re-apply for a position with his company though one may not be available. Nice employer, eh? I will contact attorneys..

Right - I understood you weren't a Government employee. Sounds like a swell guy - NOT! What about your health insurance and COBRA?

Check with a lawyer familiar with the ADA. You should be able to get a free consultation. If your company has a short term disability policy, then it would probably be illegal to fire you.

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Originally Posted by ScottGem

Check with a lawyer familiar with the ADA. You should be able to get a free consultation. If your company has a short term disability policy, then it would probably be illegal to fire you.

This doesn't sound like an ADA case - this is a case of short term disability (from what I understand, surgery), not a long term or chronic problem. With 6 employees there probably is no written policy and California is an employment at will State. The employer has stated his "business" will be crippled by her absence and this very possibly is a convincing argument to replace her.

A search for california disability termination yields lots of law firms that deal with this. From what I saw, CA courts generally support the employee in this area. While I agree, its by no means clear cut or open and shut, it definitely is worth pursuing.

Considering that this was not a surprise to the employer and that the OP seems to have postponed the treatment until it became medically necessary, I think a judge, especially in CA, is not going to look favorably on an employer who locks out an employee because she needed surgery.

Quote:

Originally Posted by ScottGem

A search for california disability termination yields lots of law firms that deal with this. From what I saw, CA courts generally support the employee in this area. While I agree, its by no means clear cut or open and shut, it definitely is worth pursuing.

Considering that this was not a surprise to the employer and that the OP seems to have postponed the treatment until it became medically necessary, I think a judge, especially in CA, is not going to look favorably on an employer who locks out an employee because she needed surgery.

Hopefully surgery will go very well and she will keep us informed - I would be interested in whether it is, in fact, an ADA case and, if so, what the outcome is.

Call the EEOC, they will be able to advise you and are required to follow up on your claim. Changing the locks probably isn't going to get him in trouble (aside from a frown from the judge), but terminating your position for being out on medical leave could. The EEOC is free, and will advise you on if you should contact a lawyer.

Good luck.