Can I be fired from my job if I'am on sdi for depression?

I am not commenting on any workers' compensation aspect of your case. I write to make sure you are aware you may have rights under the California Fair Employment and Housing Act, California Government Code sections 12900, et seq. (FEHA) and/or the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA). Many on-the-job injuries meet the definition of "disability" under the FEHA, or under the FEHA and the ADA. If they do, you may be entitled to reasonable accommodation for your disability. Reasonable accommodation may include transferring some non-essential job duties to other employees, providing equipment or devices to enable you to do the main functions of the job, allowing extra time off work for things related to the disability, and more. Also, the employer may not treat you differently from other employees because of your disability. For example, the employer may not refuse to promote you, deny you training or otherwise limit your job opportunities, and the employer may not fire you because of your disability. Rights under the FEHA are triggered when an employer has at least 5 employees. Rights under the ADA are triggered when an employer has at least 15 employees. Any rights under the FEHA or the ADA are separate from rights you may have under workers' compensation. Please look at my guide on the ADA: http://www.attorneyqna.com/pages/show?category_id=6&permalink=disability-discrimination-in-employment and my guide to the differences between the ADA and California's more generous FEHA: http://www.attorneyqna.com/legal-guides/ugc/employment-disability-protection-under-californias-fair-employment-and-housing-act-and-federal-ada?published=true. You may also have rights under the California Family Rights Act, Government Code section 12945.2 (CFRA) and/or the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA). These laws allow covered employees to take a maximum of 12 weeks per year of unpaid leave due to a serious medical condition. The 12 weeks can be taken all at once, in increments of fractions of an hour, or anything in between. The only limit is that the total time off cannot exceed 12 weeks in one year. To be eligible under the family leave laws, all of the following must be true: (1) your employer has at least 50 employees who work within 75 miles of one another; (2) you have worked for this same employer for a total of one year, even if not consecutively; (3) you have worked for this employer for at least 1,250 hours in the immediately preceding year; and (4) your medical condition meets the definition of “serious medical condition” under the family leave laws. Your rights under the CFRA or the FMLA are separate from any rights you may have under workers' compensation. Please look at my guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): http://www.attorneyqna.com/pages/show?category_id=6&permalink=family-and-medical-leave-fmla-summary-of-key-provisions. Employment law is complicated and fact-specific. You may wish to consult with an experienced plaintiffs employment lawyer. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area. I hope you can resolve your situation and wish you the best.

Marilynn provides you with a very comprehensive answer which is exactly correct.

As Ms. Spencer answered, there are a few different laws in play here. You may have issues regarding disability/reasonable accommodation (ADA and FEHA), leave of absence laws (FMLA/CFRA), and perhaps workers compensation. Regarding the disability/reasonable accommodation piece. In your question, you say that you can no longer do the job you were hired for and there were no other positions for you to do. If your employer also tried to work with you to find a "reasonable accommodation" to help you do the job you were hired for, but no such reasonable accommodations exist, then it is legal for your employer to have terminated you. As long as they worked with you to try to find ways to get you back to work, they can still terminate you if you truly cannot perform the job. You should reach out to an experienced employment attorney to discuss your specific situation.