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Question

If you were on FMLA leave to take for your own personal health problem, and now have exhausted that but are on short term disability, (have not been cleared by your health care professional to return to work) can your employer terminate you?

Submitted: 367 days and 9 hours ago.
Category: Employment Law
Value: $15
Status: AWAITING CUSTOMER ACTION

Answer

Thanks for your question. The employer here can terminate you if you if you are on short term disability. This is generally an insurance program for persons who are disabled. You would be at risk here if your hr rules do nto protect you here.

Since you have exhausted leave and FMLA and are down to dissabiity insurance you fall only under the hr rules. The hr rules might offer protection buy this would be compnay hr policy.But I would urge you to file a complaint here both with both EEOC and Department of Labor claiming unfair treatment anyway.

Also consider hiring a lawyer before they fire you and put them on notice that you have preemptively filed complaints and will consider wrongful termination suit etc. if they terminate you

. The lawyer can often back folks up on this before they do it if you can get an employment lawyer involved hereearly enough. Try it all here and see if you can get them to back off termination here. You have my sympathy and I wish you good luck..


Here is their web site..


http://www.eeoc.gov/charge/overview_charge_filing.html

You may also complain here at the Department of Labor. Please review their rules to see if your situation may fall under any of these either..

http://www.dol.gov/dol/audience/aud-workers.htm



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Edited by rayanswers on 11/21/2008 at 1:13 AM

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Expert: rayanswers
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Answered: 11/21/2008

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