fired while on disability

[Exbanker]

I worked for a company for 10 years. Summer of 2014 my dr put me out on disability. In October 2014 my dr still had me out of work and on October 9th, 2014, after speaking to my HR partner, she informed me that my position could no longer be held and i was let go. She stated my seperation date was October 9th. Is a company allowed to terminate? I was in a managerial position and I am 43 years old?

 

[army judge]

I worked for a company for 10 years. Summer of 2014 my dr put me out on disability. In October 2014 my dr still had me out of work and on October 9th, 2014, after speaking to my HR partner, she informed me that my position could no longer be held and i was let go. She stated my seperation date was October 9th. Is a company allowed to terminate? I was in a managerial position and I am 43 years old?

Your answer regarding YOUR TERMINATION: it depends.
Were you formally on FMLA?
Don't bother answering me, I'm insignificant to you.
The answer is for you to use, and assist you in coming to grips with your dilemma.

FMLA EXPLAINED:
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http://www.disabilitysecrets.com/resources/disability/long-term-disability/can-i-be-fired-while-leav






http://www.powelltrachtman.com/Publications/But-What-Does-the-FMLA-Mean-in-the-Real-World.shtml


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http://www.diversityinc.com/legal-issues/you-can-get-fired-during-fmla-leave/


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http://www.nolo.com/legal-encyclopedia/can-you-be-fired-from-job-while-leave-with-disability.html

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https://www.lorman.com/resources/terminating-an-employee-on-medical-leave-timing-is-everything-15076



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[ElleMD]

How long total were you out from work? How much longer were you going to need to be off? Was that extra time communicated to your employer and in writing from your doctor?

 

[Exbanker]

How long total were you out from work? How much longer were you going to need to be off? Was that extra time communicated to your employer and in writing from your doctor?

I was out of work by my Dr from June 28th until October 16. All communications went through my healthcare insurance and my HR partner. I gave updates every two weeks after each doctor visit. Everything was documented.

 

[Exbanker]

Also I never received cobra paperwork until it was too late, and after I was termed, they listed my termination as gross misconduct, holding up me filing for unemployment twice.

 

[ElleMD]

Your FMLA was exhausted by that point. Did you have an anticipated return to work date and did you share that in writing with your employer?

 

[Exbanker]

I was on STD until the end is September, when I called HR to report that I still did not have a return date, she waited for three days and then called me back stating that my separation date was October 9th.

 

[ElleMD]

COBRA is a separate issue and if you didn't receive COBRA information you can file a claim through the DOL.

An open ended leave after FMLA has exhausted is not considered reasonable under the ADA. It would have been perfectly legal to terminate at that point.

 

[txls]

And COBRA paperwork is really never too late. You have 60 days from the date of the notice to respond.

 

[cbg]

The employer has up to 44 days after the last day of coverage to send you the COBRA information. You then have 60 days to make your COBRA election, and 45 days from the day you make your election to submit your first payment. Coverage WILL be retroactive to the day of cancellation so that there is no gap in coverage.

There is a great deal of misunderstanding about "disability". Collecting disability benefits is NOT protected. You are not guaranteed job protection for the length of time you collect disability benefits - you are only guaranteed job protection for the 12 weeks of FMLA. You can legally be termed on day 1 of the 13th week, regardless of whether you are approved for additional disability benefits or not.

 

[Betty3]

You titled your thread Fired while on disability. This is not illegal if you had no job protected leave available or no longer available.