Can your employer fire you while you are on a disability leave?
Learn if your employer can terminate you while on disability leave and how laws like FMLA may protect you.
Now that you have suffered an on job injury which prevents you from working so you have taken a leave from work, does by any chance your employer can fire you while you are not at work? The answer to the question is not as straight forward as the question itself. It depends on the law under which you have applied for leave whether it is FMLA or a similar state leave law. It also depends on whether you are taking other unpaid leave, or collecting workers’ compensation temporary disability benefits. Whether or not you are collecting short-term or long-term disability (LTD) insurance benefits doesn’t matter – the bare truth is that, LTD policies offer no protection for your job.
Your employer can come up with 101 reason to fire you other than disability issue. For example, you can be laid off on the basis of your performance or due to a business necessity that has nothing to do with disability. Also Whether or not you are collecting short-term or long-term disability (LTD) insurance benefits doesn’t matter – LTD policies offer no protection for your job.
If you have been terminated while you were on disability leaves, you need to speak to an employment lawyer. You may have a claim for wrongful termination under the FMLA or ADA, but before you sue your employer, you need to file a complaint with the Equal Employment Opportunity Commission (EEOC).
Professionals at Lyle B. Masnikoff and Associates, P.A will fight to get you the medical or wage benefits you are entitled to under the law. Employers and Insurance Companies have professionals working for them and there are no fees or costs until you recover. It‘s time for you to hire us to protect your rights.
This article is general information, not legal advice. Every case is different - call (561) 598-7120 for a free consultation about yours.