Thank you for the information and your question. First it is important to note that neither Wisconsin nor Federal law provides job protection indefinitely for workers who are away from work because of serious health issues. Under FMLA, there is only a 12 week window of job protection. After that an employer is free to terminate an employee
based on attendance issues, just like any other employee who missed XX number of days of work. The fact that you were on STD and LTD does not give your statutory job protection. Those are merely insurance policies
that provide for wage replacement.
That said, if your employer has a written policy or procedure in place where they retain any employee as long as they are on STD and LTD, then they must follow their own policies. However
, even under FMLA, the statutorily job protected leave, an employer may let someone go is they do so for a nondiscriminatory legitimate business reason unrelated to their condition. So, that means that under FMLA, an employer may let someone go who is downsized or has their position eliminated as long as the elimination would have occurred but for the person being out on leave. In other words, if the elimination of the position would have occurred, even if you were working, instead of on leave, then the termination would be lawful.
So, you will need to try to determine if you think this would have happened even if you had been working. If not, then you should sit down with a local employment law attorney and discuss all of the facts of your case and decide if you want to file suit for disability discrimination
Please let me know if you need any clarification. I would be glad to assist you further if I can.