OUT ON DISABILITY LOST MY JOB IS IT LEGAL?

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Latest post 09-18-2006 2:31 PM by ROSA11. 4 replies.
  • 09-17-2006 9:21 PM

    Question [=?] OUT ON DISABILITY LOST MY JOB IS IT LEGAL?

    Can you be fired while on short term disability?
  • 09-17-2006 10:26 PM In reply to

    • cbg
      Consumer
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    • Joined on 12-21-2000
    • MA
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    re: OUT ON DISABILITY LOST MY JOB IS IT LEGAL?

    Yes, despite what an amazing number of people believe, you CAN be LEGALLY fired while on short term disability, long term disability, or any other kind of disabliity.

    Collecting disability benefits offers you NO job protection whatsoever.

    IF AND ONLY IF you are also on FMLA while you are collecting STD benefits, then you cannot be fired FOR ATTENDANCE REASONS until the FMLA expires; you also cannot be fired BECAUSE you applied for FMLA. However, it is the FMLA, NOT the STD benefits, that offers the job protection. In addition, being on FMLA does not provide you with any job protection for a termination that would have occurred anyway (such as the entire department being dissolved, as an extreme example).

    If you want any further details, you'll have to provide additional information.
  • 09-18-2006 9:10 AM In reply to

    re: OUT ON DISABILITY LOST MY JOB IS IT LEGAL?

    I went out of work in December of 2005. I had a Dr.s note saying I could not return to work for 6-9 months or pending the MRI results. Workers comp would not approve the MRI so I had to have a hearing. The Judge went in my favor and ordered them to pay for the MRI. I had it done and 2 weeks later they appealed it. I never recieved a letter from my company sayinjg I lost my job, COBRA notified me that I was terminated.
    It's all so confusing.

    Thanks
  • 09-18-2006 2:19 PM In reply to

    re: OUT ON DISABILITY LOST MY JOB IS IT LEGAL?

    They never have to hold your job more that 12 weeks. You should have received COBRA notificatio - talk to the employer about that and,if necessary, the dept pf insurance in your state.
  • 09-18-2006 2:31 PM In reply to

    More [=+=] re: OUT ON DISABILITY LOST MY JOB IS IT LEGAL?

    I did recieve a notification from COBRA that's how I found out that I was terminated from my job. About a month after that I recieved a letter from my Employer saying that they would pay for my life insurance for the next year and I had to pay a small amount for my personal insurance. I guess I was suprised that I lost my job without any notice from the company.

    Thanks
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