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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20228
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Can i be fired or off when out on ST disability?

Customer Question

Can i be fired or laid off when out on ST disability?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for your question. An employee could be terminated for any reason other than their disability. In other words, the employee could be let go due to prior misconduct, economic layoffs, or legitimate business reorganizations. In addition, if the employee is no longer covered by the 12 week FMLA job protection, they could be let go for attendance issues as long as the employer has determined that allowing the employee additional time off would cause an undue hardship on the business.

This all assumes that there is no bargaining agreement or other contract that gives the employee more protection than what I just mentioned. If you would like to provide some facts to go with your question, I may be able to address them once I have context to your question. Please also feel free to ask related follow up questions if you have them. If none, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 10th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad toattempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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