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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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Can u be fired in North Carolina when short ter m disability

Customer Question

can u be fired in North Carolina when short ter m disability expires and long term has not yet been set up?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Short term disabilty doesn't actually protects one's employment. A person can legally be terminated while they are on short or long term disability.

What could potentially apply is the Family Medical Leave Act. That law does protect a person's employment if they have worked with an employer for at least 12 months and worked at least 1250 hours in the last 12 months. If the employee is not protected by FMLA, they can legally be terminated at any time.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter

Expert:  Allen M., Esq. replied 2 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.