What California case law has overturned an employment termination for cause in relation to CalPERS disability retirement?

Question from QBERT, What California case law has overturned an employment termination for cause in relation to CalPERS disability retirement?

Answer from AI:

Understanding CalPERS Disability Retirement

CalPERS, or the California Public Employees’ Retirement System, provides disability retirement benefits to eligible members who are unable to perform their job duties due to illness or injury. The termination of an employee who later receives CalPERS disability retirement can be a complex legal issue.

Relevant Case Law

While it’s difficult to provide a comprehensive list of all relevant California case law, one notable case is Skelly v. State Personnel Board. In this case, the court held that public employees have a property interest in their employment and are entitled to due process before being terminated. This means that an employer must provide a fair procedure before terminating an employee, which could potentially include considering their eligibility for disability retirement.

Another relevant case might be Turner v. Anheuser-Busch, which established that an employer cannot terminate an employee for cause if the cause is a disability that could be reasonably accommodated.

SSDI Benefits and Employment Termination

The awarding of retroactive Social Security Disability Insurance (SSDI) benefits after termination does not automatically invalidate the termination. However, it could potentially be used as evidence that the employee was disabled at the time of termination.

Legal Advice and Consultation

These are complex issues that involve both employment law and disability law. If you are facing a similar situation, it is strongly recommended that you consult with a legal professional who can provide personalized advice based on your specific circumstances.

Resources

• The CalPERS website provides information about disability retirement benefits.
• The Social Security Administration website provides information about SSDI benefits.

Please note that this information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Always consult with a lawyer for legal advice.