Brooklyn, NY asked in Employment Law for New York

Q: I am getting temporary disability through my job, well they just terminated me today. Can they do that ?

Related Topics:
2 Lawyer Answers
Jacob David Verchereau
Jacob David Verchereau
  • Albany, NY
  • Licensed in New York

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.

V. Jonas Urba
V. Jonas Urba
  • New York, NY
  • Licensed in New York

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.