I live in Louisville, KY. I have been on disability for kidney failure since Aug of last year. In March of this year, my employer sent me a letter letting me know that they would have to terminate my employment. They didn't state that it was because I was on disability, but they said that they needed to move on in the department and fill my spot. Do I have a case for a lawsuit?
2006-07-11 10:19:53 · 14 answers · asked by Mary Q 1 in Business & Finance ➔ Careers & Employment
Go to your local office of Department of Labor and see what they tell you. Also check with Social Security and see if you qualify for disablity payments. Remember to bring documentation from your doctor. Good luck.
2006-07-11 10:24:49 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No, if you haven't been to work in almost a year it is only reasonable that they would need to refill the position. And most states have a fire-at will clause in there employment laws.
Now if they were specifically firing you cause of your problem then yes, but it sounds like they just don't think your coming back anytime soon!
2006-07-11 10:23:49 · answer #2 · answered by jmdavis333 5 · 0⤊ 0⤋
She has criminal floor to sue her former company. it truly is an effective ingredient that she did not take the severance nor signal those papers!!! She has the right to benefit, even on maternity go away, if some thing is occurring that could change her interest status. no longer to tutor maximum paces provide 6-8 weeks of maternity go away before even considering filling a position. If she is having issues searching a job, she will record for unemployment advantages, yet when i became her, i'd detect an effective criminal specialist and SUE!!!!
2016-12-01 02:11:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I dont think so. You should still be able to collect on your long term disability insurance, assuming you had it. But a company isnt required to keep you employed when you are sick, and they did give you a decent bit of time to get better. Still, like the other dude said, speak with an attorney to be sure.
2006-07-11 10:24:19 · answer #4 · answered by bmwdriver11 7 · 0⤊ 0⤋
No, usually for disability leave there is certain time frame within each they have to keep your position open. But after that they need to keep running their business. Why are you mad? I am sorry for what happened to you but at the same time they have to keep making money and get their work done and you are not there to do it for such a long time. Why they should not have the right to stay in business?
2006-07-11 10:42:04 · answer #5 · answered by fasb123r 4 · 0⤊ 0⤋
Yes, it is against your rights for them to fire you while on disability. I live in Chicago and that happen to me I contact the EEOC, and before we had a hearing my job sent me a letter stated for me to stay off as long as I need and they will have a position for me when I return which was 13 mos. later. They do not have to give you the same job but they have to give you a job and the same amount of pay.
2006-07-11 10:24:43 · answer #6 · answered by Gail W 1 · 0⤊ 0⤋
Same kind of thing happened to my mom. She was injured on the job working for the post office. They said if she didn't come to work she would be fired, so she went in for a day or two then had to go to the hospitol for surgery. The post office then said since she was good enough to show up for work, that they didn't want to pay for the hospitol. She ended up getting a lawyer, you might have to get one too.
2006-07-11 10:27:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Since you have exceeded the allotted 12 weeks leave of absence I think your employer is within his rights to terminate you.
2006-07-11 10:25:03 · answer #8 · answered by Billy 4 · 0⤊ 0⤋
I do not know the laws in your state. You may indeed have a case. I suggest you see an attorney as soon as possible.
2006-07-11 10:23:13 · answer #9 · answered by cyanne2ak 7 · 0⤊ 0⤋
It depends on too many factors to answer with the information you have provided. Check this out:
www.dol.gov/esa/whd/fmla
2006-07-11 10:23:22 · answer #10 · answered by Karen M 3 · 0⤊ 0⤋