Q: I am getting temporary disability through my job, well they just terminated me today. Can they do that ?
A: Whether or not your employer can legally terminate you while you are on a temporary disability leave depends on several factors. If you believe you have been fired in retaliation for exercising your right to disability leave, then you should consult with an attorney immediately. A couple of factors that must be considered is whether your employer had a legitimate business reason to terminate you, or whether the adverse employment decision taken against you was, in fact, retaliatory. It is also important to consider what type of disability leave you took. You may be protected under the ADA. Or, if you took temporary disability through unemployment, you may be able to challenge your employer's decision to terminate you by having it reviewed by the Workers Compensation Board.
A: What was the reason for your termination? Re-organization, mass layoff, reduction in force, etc...? Were you able to perform your essential job duties with or without a reasonable accommodation?
Was your temporary disability the reason that you were terminated?
Are you covered by either an employment contract, union agreement, or working for the government?
If no, and you are an "at will" employee, was there a discriminatory motivation in your termination and how can you help an employment lawyer prove so? If your disability was because you suffered an on the job injury or illness you should retain a workers compensation lawyer.
If you are offered a severance package or agreement you should retain an employment lawyer to thoroughly review that package or agreement before you sign it.
If you are able to work, with or without an accommodation, and your doctor approves such ability, you may qualify for unemployment benefits after your disability benefits expire.
Unfortunately, being on workers compensation, disability insurance benefits, or any other benefits does not guarantee continued employment. You should receive the full amount of your disability benefits and the employer should mail you a written notice of your COBRA options in the near future.
If there was discrimination at play please call some employment lawyers as soon as possible.
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