Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Im on approved LTD for a bad heart my company today

Customer Question
Im on approved LTD...

Im on approved LTD for a bad heart my company today terminated me due to my doctor said I needed at least 6 more months to recover. LTD is approved by Aetna and I am receiving monthly payments My company terminated me today now I lose needed health insurance

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

Yes with HR not a lawyer

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Submitted: 6 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 6 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 6 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 10 minutes by:
12/29/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 6 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, it is not illegal to terminate someone that will be out of work beyond a certain protected period of time. It used to be that a person could be terminated for taking even one sick day, but Congress passed the FMLA which allows people to take protected medical leave for serious health conditions. However, Congress limited the time frame of the protected to just 12 weeks per year 12 month period of time. If you are going to be out for 6 months, that exceeds the protections of the FMLA and the employer does not have to retain your employment.

Your LTD should continue to pay, based on the condition taking place while you were still covered by that insurance. Unfortunately, you will have to use COBRA to continue your health insurance benefits beyond termination.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 6 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
20,575 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,575 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
My husband was forced to retire early due to an illness and
My husband was forced to retire early due to an illness and was not offered any type of long term disability. He has recently been diagnosed with alzheimers and I was wondering if there was any recour… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I have been receiving LTD benefits for. employer since 2008.
I have been receiving LTD benefits for. employer since 2008. on July 1st I took my pension from same company as I had a ONE TIME OPPORTUNITY to take lump sum within 3 months of my 55th Birthday. I ask… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am currently on short term disability but it is ending on
I am currently on short term disability but it is ending on April 1. I have been paying for long-term disability through the Marriott and they use Aetna. Aetna is now reviewing my long term disability… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I live in Mass. I would like to file for short term disability.
I live in Mass. I would like to file for short term disability. I work as a salaried store manager. I can barely walk at the end of the day due to walking and being on my feet all day helping customer… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,575 satisfied customers
I fell at work in August and workmans comp covered my pay and
I fell at work in August and workmans comp covered my pay and approved my claim. My jobs std company Aetna denied my claim because they said I was not hurt enough to be off but I had to wait to see wo… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I am a 56 year old male. I had a major heart attack (widowmaker
I am a 56 year old male. I had a major heart attack (widowmaker they called it) 10/30/12. I was on STD for 9 weeks and went back to work January 3, 2013. I am a manager of a 7x24 operation center and … read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
I am on long term disability from a transplant that occured
I am on long term disability from a transplant that occured in May. Aetna administers the LTD for the company I work for. They have access to all my medical records. I got a form in the mail from Aetn… read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
I have an insurance claim that has just been denied from Aetna
I have an insurance claim that has just been denied from Aetna for remicaide infusion. My insurance changed from Blue Cross Blue Shield to Aetna due to a job change for my husband. I received Remicaid… read more
Attorney Arcadier
Attorney Arcadier
Managing Attorney Partner
Doctoral Degree
197 satisfied customers
I will start from the beginning. September 21 I had a procedure
I will start from the beginning. September 21 I had a procedure done on my neck and something went wrong which I had to take off work. I work at a Hospital in the records Department. Well I was off fo… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
On 9/1/2011, my employer decided to terminate my positions
On 9/1/2011, my employer decided to terminate my positions for no cause except for a change in strategic direction. Separation date was suppose to be on 11/1/2011. On September 9/29 ( based on the adv… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Hi, my job was eliminated (Nov. 2010) while I was on LTD, fighting
Hi, my job was eliminated (Nov. 2010) while I was on LTD, fighting breast cancer. Right after I had a double mastectomy 3/26/10), I was getting short term disability thru my company (Aetna) for 26 wee… read more
Attorney Wayne
Attorney Wayne
Attorney-at-Law
JD
1,492 satisfied customers
IM OUT ON ml my doctor advised i will need surgery and be out
IM OUT ON ml my doctor advised i will need surgery and be out of work for 12-16 months we paid in to seperate fund for long term disability can the company fire me now on leave thus disallow me long t… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
IT-NETWORK, REDMOND WA, Jan 24 was terminated, 2011 . I was
IT-NETWORK, REDMOND WA, Jan 24 was terminated, 2011 . I was injured and entered a Alaska Regional Hospital, A non approved cobra plan was enacted by the HR oerson at IT Network, The plan was not appro… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I have a serious health condition for about 2 years now. I
I have a serious health condition for about 2 years now. I apply for FMLA benefits for the past 2 years with AETNA Life Insurance Company (a 3rd party company who manage FMLA for the company I work fo… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Hello, I have been employed 25 years with a company. I had
Hello, I have been employed 25 years with a company. I had breast cancer 6 years ago. I have recovered and had depression. The company I worked for and Hartford insurance company "approved" my LTD two… read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
I work as a customer service rep for a bank. I have been there
I work as a customer service rep for a bank. I have been there for 2 years. Recently I had a mental breakdown at work due to work related issues. My boss is constantly giving me a hard time for everyt… read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
the company i work for switched health plan providers now im
the company i work for switched health plan providers now im being denied my STD claim!! i was seen by doctor on 11/04/09 who advised me i needed surgery. the surgery was scheduled for 1/08/10. during… read more
EPLLAW
EPLLAW
Attorney
Doctoral Degree
158 satisfied customers
APPROVED FOR LTD TO AGE 65 ILLNESS CODE 299.33 TERMINATED
APPROVED FOR LTD TO AGE 65 ILLNESS CODE 299.33 TERMINATED FROM LTD AFTER 39 MONTHS TREATING IT LIKE IT WAS A NEW CASE DIDN'T PROVIDE A PHYSICIAN OF THEIR CHOICE HENDERING ME FROM GETTING A CLEARANCE T… read more
C. M. Page
C. M. Page
Juris Doctor
8 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x