During the third and fourth week of May 2012 I called my former employers Employees Assistance Program (EAP) numerous times. The EAP sent me a list of doctors for me to go to. I went to one of them and was diagnosed with an ADA listed disability. As a result the Doctor gave me a note for my employer listing the diagnosis, the medication with dosage and a return date for work. The note was faxed to the company as per company policy and I confirmed the receipt of the note. At the beginning of the short term disability I had 88 days of paid disability benefits. On day 9 of the short term disability I was fired. When I asked how I can be fired while on disability I did not get an answer. I asked the question about 5 or 7 times. In addition the employer has within a 20 mile radius over 200 employees; within NJ they have about 10,000 employees. How can this happen?
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Termination while on short term disability and diagnose with a ADA disability
- Thread Starter Mike525
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cbg
Super Moderator
How long had you worked there, and how long were you anticipated to be out of work?
It is not inherently illegal to fire someone on STD. STD does not provide job protection. Only FMLA provides job protection.
It is not inherently illegal to fire someone on STD. STD does not provide job protection. Only FMLA provides job protection.
I have been in the position since 12/2010. The STD is till 6/17/12 with a return to work date of 6/18/12.
In addition today I received the papers stating that I may be eligible for FMLA. But to apply for FMLA I am required to sign a release so the company has full access to all my medical records, financial records, disclose all blood test results, psychiatric information and information on drug or alcohol abuse.
In addition today I received the papers stating that I may be eligible for FMLA. But to apply for FMLA I am required to sign a release so the company has full access to all my medical records, financial records, disclose all blood test results, psychiatric information and information on drug or alcohol abuse.
cbg
Super Moderator
(sigh). Okay. I should have made the question more clear. On 6/17/12, how long will you have been off work?
cbg
Super Moderator
Let's put the issue of the medical records aside for the moment. If you apply for FMLA and are granted it, are they going to reinstate you?
cbg
Super Moderator
Then I'm not quite sure what the point of giving you a FMLA option would be. If I were you'd I'd check with the US DOL, which is the regulatory agency responsible for FMLA. It's sounding more and more as if your employer may be violating FMLA.
Just so we're clear, it has nothing whatsoever to do with your having applied for or being approved for disability benefits. If there is a violation here, it's a violation of the FMLA statute, which is independent of any STD issues. STD is policy; FMLA is law.
Just so we're clear, it has nothing whatsoever to do with your having applied for or being approved for disability benefits. If there is a violation here, it's a violation of the FMLA statute, which is independent of any STD issues. STD is policy; FMLA is law.
OP, you should contact local employment law counsel ASAP. Based on your post, the employer may have violated the FMLA by terminating you while you were on short-term disability. Sending you the FMLA paperwork after your termination may be part of an ill-conceived effort to concoct a post hoc defense, e.g., you did not cooperate in completing the FMLA paperwork; the employer did not realize that your disability leave would be covered under FMLA.
Prior to completing the belated paperwork, you want to consult with local counsel. He or she can advise you how to deal with it. (Under normal circumstances, it would behoove an employee to complete the FMLA paperwork, even if it appears duplicative of the STD paperwork. However, your situation does not appear "normal.") Counsel can also advise you whether you have the basis for lawsuit under the FMLA.
Prior to completing the belated paperwork, you want to consult with local counsel. He or she can advise you how to deal with it. (Under normal circumstances, it would behoove an employee to complete the FMLA paperwork, even if it appears duplicative of the STD paperwork. However, your situation does not appear "normal.") Counsel can also advise you whether you have the basis for lawsuit under the FMLA.
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