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Termed

Discussion in 'Termination: Firing & Resignation' started by mrtakagi, Jun 18, 2019.

  1. mrtakagi

    mrtakagi Law Topic Starter New Member

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    Jurisdiction:
    Illinois
    I am disabled with als. STD just ended and Ltd was approved. But today I received a termination letter. No accommodations we’re discussed or attempted.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Qualifying for long term disability means you CAN'T work because of a physical or medical condition.

    If you CAN work with an accommodation then you might not qualify for disability benefits.

    I don't think an employer has any obligation to keep you on if you are totally disabled to the extent that you collect long term disability benefits.
     
    hrforme likes this.
  3. Tax Counsel

    Tax Counsel Active Member

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    Did you approach the employer to ask about reasonable accommodation? It's up to you to start that conversation with the employer; it is not up to the employer to come to you to ask about accommodation. Is there a reasonable accommodation the employer could do that would allow you to the work to the required level of performance? If the answer is yes, then you likely should not have been approved for the long term disability.

    If you didn't ask the employer about accommodation before then it's too late to do that now and be assured that the employer would reverse the termination. You can always ask and see if the employer might be willing to take you back but there'd be no guarantees.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Bummer. Do you have a question?
     
  5. hrforme

    hrforme Active Member

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    how long have you been out on leave and during that time have you asked for any accommodations that would allow you to return to work at all?

    Usually STD and LTD automatically mean that you cannot work at all. Such that there is no reasonable accommodation that could be made except more leave and often that is undue hardship depending on how long you have already been out.
     

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