Termination?

Question

Can you be separated from your company if you are out on short term disability from surgery? Or must they wait until you return to give you the "BAD NEWS?"

Any HR reps or Attorney's out there?

Answer 1

Yes you are O.K. if you are out on short term disability, If you got terminated during the short term disability you have a case. In fact it would legally termed " discrimation against a disabled person". These are Federal Laws.
If you are concerned about getting fired upon your return, You can file FMLA paperwork that will give you 12 weeks, If you get fired during this period You have an FMLA case. In addition if you are a woman, or a person of color, you have additional discrimanation avenues. Contact your local Bar assc. You need an EMPLOYMENT attorney. This is very important. Good luck and I hope you get well soon. Regards.

Answer 2

Contact an attorney to discuss the Family Medical Leave Act for possible wrongful termination. I've heard of people being let go while on disability both ways, but neither person pursued the employer.

Answer 3

An employer may terminate an employee who is on leave (protected by FMLA or other state leave laws) if the reason for termination is not the leave itself. If there were performance problems with your work and they were already counseling you (verbal warnings, written warnings) for these issues and there was something that happened or was discovered in your work after you went out on leave they can let you go. The answer to your question depends on the reason you were told for the termination and whether or not that reason is true. The FMLA act does not protect you from termination if the reason for termination is not the disability itself (could be an ADA issue) or because you are taking the leave from work.

Answer 4

Depends on the size of the company and if they are subject to FMLA (Family Medical Leave Act - see link below) or a state equivalent of that law/ Which guarantees you up to 12 weeks off (unpaid) for medical conditions (serious illnesses, surgeries, births, etc).

Also, it depends upon your position in the company (how important you special skills are) and if the reasons they are firing you. But the general rule is if you are on FMLA leave, they must hold your position (or an equivalent one) for you, and they cannot terminate you during that time.

If you think you have been wrongfully terminated, you should contact an attorney to determine you rights. Sometimes you can check www.findlaw.com
--Z--

Answer 5

They can't let you go while you are out on disability or something like that. They might not be able to give you the same position back that you had before, but they do have to give you one thats comparable to the one you had before with the same pay & everything.

Answer 6

You shouldn't be let go while on short term disability. You're being covered for your illness by your employer. They shouldn't be able to let you go because of that, one, and two, while you're away. States vary though. I would check your State's law on that.

Answer 7

I don't think that they can fire you if you are on a short term of disabiility and has a note from the doctor stating that you can not work. I would contact your lawyer.

Answer 8

Not to my knowledge.
Usually you wait for the employee to return.

I have seen it happen once or twice but these were extraordinary circumstances where the employee was claiming work stress (and it wasn't the first time either)

Answer 9

it would be suicide for a company to let you go while on std. first you do you think they are going to let you go or do you know why? if it is because of the reason of your std?