I'm on disability right now, i was terminated from my job, can they do that?

D [[ Ð¼ÏƒÐ¼Ð¼Ñ‡ Ñ‚Ïƒ Ð²Ñ” ]]

They can't just fire you for no reason.

I am Jordan

they can't just terminate you unless they have perfectly valid reason to do so...

renae221

a person who is on short or long term disability cannot be fired. i would check with a lawyer if i were you.

almighty_malachi

Right. Like jlogarta said, they can't terminate you unless they have a valid reason.

Like...you not going to work. That's a good one.

jim b

if your non union yes they can. Vote American Union Yes and you wouldn't be asking this question

Laredo

If you are on disability you are not supposed to be working because you are disabled. If you are working and also drawing a disability check, you are defrauding the government.

You can be fired from your job if it is for reasons other than the fact that you are disabled. If you were fired just because of your disability then your employer has violated the Americans With Disabilities Act and is grounds for a lawsuit.

hr4me

They can terminate you, even if you are on disability. The following questions arise:

1. Have you exhausted your FMLA time of 12 weeks?

Is your company FMLA eligible? (50 or more employees at one site or who work within a 75 radius of another site does that total up to 50 employees?)

Are you FMLA eligible? (Have you worked for the company for at least 12 months consecutively, and have you completed 1250 hours during this time?)

If you are FMLA eligible and the company is as well, then they can not terminate you unless you have been out of work for more than 12 weeks and that you were notified of your rights under FMLA at the start of your leave.

2. What is the extent of your injury and expected recovery?

If your current condition states that you can not return to your job and perform the essential functions of that job, the employer can terminate you. (Ex. a back injury, doctor states that due to condition you will not be able to lift heavy objects even after you have recovered)

3. Is your condition work-related?

Is the reason you are disabled due to work? Have you filed a claim for workers compensation benefits? If so, then it is very risky for your company to terminate you until you have been released by your doctor as "permanent and stationary". Notify your w.c. adjuster of the termination if this is the case.

Why did they terminate you? Were you already being disciplined for something before the condition occurred? Were you terminated for that or because of your disability?

Phoebe Finch

They can't fire you because you have a disability but they can fire you for another reason.

Judy

Sorry, but yes they can. If you qualified for and applied for FMLA, then they couldn't terminate you due to being off work for the duration of the allowable FMLA time, although they could still terminate you at the end of that time, or even during that time if it was part of a general layoff.

evenstar_angel

Depends on how long you have been out.

All jobs are different according to their disability. In my job short term is classified as 3-7 days, any longer is long term and long term is only for a maximum of 12 weeks then your position is released. However if HR gets documentation from a doctor stating time that the person can start they'll hold the job for you but most times not.

Also are you a full time person or part time. Employers do not have to give equal time for both. I know here at work one of the part timers had her baby a week early and they don't pay sick time or disability to part timers so her job was released because she would be out for a little while.

It depends on the job though. see if you can locate your jobs employee hand book and go through it or check the department of labor website. http://www.dol.gov/

good luck!!

THE SINGER

An employer can terminate anyone at any time for any reason (depending upon the state) . You can bring legal action against your employer for wrong-full termination but the burden of proof is on you, the plaintiff. The idea is, if you are on workers compensation, your position can be held until you are able to return to work however; if you are disabled and no longer able to perform your specific job, you can be terminated. I would think that for the sake of legalities, your employer would offer you some other position in the company. To be certain and know the laws of your state, contact your social security office.

Sherry C

You really did not give out a lot of information in your question. Why are you on disability:? How long have you worked for the company? Were you injured on the job?

If you were on worker's comp and the doctor released you to go back to work, yes you can be terminated if you don't go back to work. If you were released for light duty the company would find you another position and if you did not go back to work, yes you can be terminated. I just don't know with the limited information you gave.

Danny

I got hurt at work,my knee got a really bad cut,my job told me before I got injured,if I miss one day or even late I will be terminated for attendance issues but know qualified for workers com can they terminate me.

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