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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118253
Experience:  20+ Years of Employment Law Experience
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Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is the question you have for us today?

Customer: replied 2 years ago.
I have been laid off by a company I was employed with for 10 years. In Feb of this year I had a breakdown due to stress of caregiver for Mom, Alzheimer, and stress of job. I have been on disability insurance all these months and still do not have a doctors release to return to work. My manager and a Human Resource person called to say I was laid off.Is this legal, do I have any recourse. This has left me without disability payments and temporarily without insurance.Is this the question you answered for me? I have not been able to see your response.ThanksMike
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

I am afraid that legally under LA law, employment is at will, which means the employer can terminate an employee for any reason or no reason at all. Under LA, the Family and Medical Leave Act applies, which grants you 12 weeks of job protection, but after that 12 weeks, if the employee cannot return to work, the employer can terminate the employee and the employee has no legal recourse.

Your only legal recourse if you are still disabled is to seek to apply for Social Security Disability Benefits for your disability and collect your benefits and insurance through SSDI. However, legally your employer could terminate you I am afraid and until you are able to return to work and then you can file for unemployment, filing for SSDI is your only other option.