My employer gave me the incorrect paperwork, was given FMLA instead of disability form,. Physician filled out FMLA and submitted, employer call to say they were terminating me, finally faxed the correct form to physician, but said it was too late. I have

I have been out of work for over 4wks due to severe Meniere's disease. My employer provided me with paperwork for my doctor and then contacted me to tell me they were going to terminate me. I spoke with my doctor's office and they call my employer, FMLA was the paperwork, which I have already used for 2016. Finally my employer faxed the correct paperwork to my doctor and they filled it out and will fax it to employer ASAP. Will I be able to receive the short term disability with this error? I will not be able to cover any of my expenses without this. Also, my wife just left me.

1 answer  |  asked Oct 24, 2016 06:59 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
You need to consult with a lawyer.

Depending on where you worked and for whom a disability accommodation can sometimes include providing an employee with more leave time. FMLA permits 12 weeks but depending on your particular facts there are arguments that more time may be required in certain situations.

Second, your disability leave is based on when the disability began and when it actually became disabling. Those are medical determinations.

Some insurance policies require you to apply for SSDI benefits (but don't do that without consulting with legal counsel) which is another reason to consult with a lawyer. Most insurance companies are very careful about denying persons who are entitled to benefits those benefits because bad faith insurance claims can provide for penalties and attorneys' fees. You should receive all benefits to which you are entitled.

Depending on the specific facts you may have been discriminated against based on a disability or perceived disability. There is too much going on in your case for anyone to help you further without actually meeting with you and seeing you. Sometimes telephone conferences work but you likely need an in person conference.

Schedule a meeting with a labor and employment lawyer to review all of your paperwork and medical records. There is probably more than one way to handle your case and you should seek help especially since your partner or wife left you. It helps to have a second mind work on your challenges.

You may be entitled to continue working, to severance pay, to other damages, etc... but no one can say for sure until you meet with them. Good luck.

posted by V Jonas Urba  |  Oct 24, 2016 11:14 AM [EST]

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