Position eliminated while on disability

During the time I was on short-term medical leave my salaried position was eliminated. For the first six weeks I was receiving full compensation. Now I'm receiving 70% of pay since it is now considered long term disablity. Since I am unable to work per doctors orders at this time, I am also unable to collect unemployment or look for another position. Is it legal for me to be terminated and insurance cancelled while on disability leave?

1 answer  |  asked Dec 3, 2002 01:20 AM [EST]  |  applies to Texas

Answers (1)

Trey Henderson
long term disability

You should consult a local attorney for a more detailed answer, but the short answer is that you probably do not have a strong wrongful termination claim. If you had a claim, it would probably be under the Americans with Disabilities Act which states that you can't discriminate against an employee because of a disability. However, to be a qualified person under the ADA you must be able to perform the essential functions of the job. From your description, it looks like you can't work right now. If that is the case and you can't work for awhile, the employer may terminate you without violating the act. You might have a claim if they terminated you just when you were about to return to work. The good news is that your termination should not affect your status with your long term disability. For more info on the ADA visit my web site at www.houstonattorneys.com. I strongly suggest you contact a local attorney so you can give more in depth information and get a full opinion. My opinion is based on limited information from you.

posted by Trey Henderson  |  Dec 3, 2002 07:37 AM [EST]

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