Do employees have recourse if employer fires them during medical disability leaves?

Question

I'm about to have my 2nd of 3 surgeries this year and I'm starting to feel my employer is looking for issues to fire me to release them from paying me disability benefits. Should they conjure up lame excuse to fire me, what is the first step I should take? This is a non-union employer. How often does the "little guy" win against large employers who terminate the veteran employee just to pay less salary to the next guy? Where would one go to view state statutes on employment?

Answer 1

past performance appraisals: if they were very good and no performance complaints prior to your disability then no worries. If the performance appraisals reflect bad performance while on leave than that is a good indication they are picking at straws to get you fired. If they terminate you while on disability then see an attorney and demand your prior performace appraisals.

Answer 2

You did not mention what state you live in.

I think the direct approach is best. Take the bull by the horns, so to speak. You should just ask your employer if they have any concerns about your performance or medical absences, and that you are concerned that your position is not secure.

You may find out that your suspicions were baseless or you may cause them away from terminating you because of your direct approach.

In most states employment is "at will" and can be terminated without cause by the employer. Unless you can prove your termination was done for one of the federally protected groups, such as age or sex bias or discrimination, and if you do not have a contract via union or yourself, then there is no protection or recourse.

You should consider paying the consultation fee, if it is not free in your area, and talk to a labor attorney to be certain of your legal rights.

Answer 3

If you have been employed for this employer for at least one year, if the employer has 50 or more employees in a 75-mile radius, if you worked 1,250 hours in the year prior to your leave, and if you have not used more than 12 weeks of leave (all at once or intermittent), you may be protected under the Family and Medical Leave Act of 1993, which would prevent your employer from firing you during your leave. Contact your nearest Wage & Hour office of the U.S. Labor Department. Good luck!

Answer 4

The employer could face many complaints as they relate to violations to the Human Rights Code. Here in Canada, the employer has a legal duty to support medical leaves and workplace accommodation plans.

Answer 5

If I were you I would see a lawyer right away. Most will see you without charge and if they take your case, they don't get paid unless you do. I am in the middle of short term disability myself. I guess it depends on the state you live in but there are federal laws that protect you during disability status.