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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5687
Experience:  Exclusively practice labor and employment law.
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Ive been with a company for 23 years and have been diagnosed

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I've been with a company for 23 years and have been diagnosed with fibromyalgia. This disease will never get better and will get worse to the point of disability though at this point I can work but must take a long break mid-day.
At one point, I had to take 12 weeks of FMLA when I had very bad back pain. That was about 3 years ago.
I have received information that the department I’m in is going to be laying off people and I am fairly certain that I will be one of those, and would like any advice I can get.
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

To be sure, FMLA discrimination or retaliation is illegal. But having a disability or taking FMLA leave does not wholly protect you from termination. Likewise, simply being on FMLA leave does not totally protect the employee from termination if the employer can prove tat it would have terminated the employee absent the leave. You'd have to be able to prove that your being chosen in the reduction in force is because of the disability or FMLA leave. It's not clear from your question that you have any suspicion that it is discrimination or retaliation. You may want to check to see if you qualify for short or long term disability or social security disability now. So you'll have greater income protection than unemployment when or if you are terminated.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 3 years ago.

Can you point me in the right direction for determining if I qualify for disability?

Thanks for the reply. Yes, there are two avenues of possible disability recourse - 1) through your employer policies if any, you'll need to go to HR and apply immediately, 2) Find your local social security disability office and apply for disability. Or apply online here.

Hope this helps. Let me know if I may be of further assistance. Thanks.
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