OUT ON DISABILITY LOST MY JOB IS IT LEGAL?

Previous | Next
 rated by 0 users
Latest post Mon, Sep 18 2006 2:31 PM by ROSA11. 4 replies.
  • Sun, Sep 17 2006 9:21 PM

    • ROSA11
    • Top 500 Contributor
    • Joined on Mon, Sep 11 2006
    • Posts 69

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

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

    • cbg
      Consumer
    • Top 25 Contributor
    • Joined on Thu, Dec 21 2000
    • MA
    • Posts 6,860

    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.
  • Mon, Sep 18 2006 9:10 AM In reply to

    • ROSA11
    • Top 500 Contributor
    • Joined on Mon, Sep 11 2006
    • Posts 69

    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
  • Mon, Sep 18 2006 2:19 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    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.
  • Mon, Sep 18 2006 2:31 PM In reply to

    • ROSA11
    • Top 500 Contributor
    • Joined on Mon, Sep 11 2006
    • Posts 69

    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
Page 1 of 1 (5 items) | RSS

My Community

Community Membership New Users: Search Community