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Let Go While On Long Term Disability

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  • Let Go While On Long Term Disability

    I Was Hired In February 1999 As A File Clerk. I Did All The Filing In All Departments, Plus Helped With The Phone And Many Other Tasks. In June 2004 The Company Was Purchased By An Larger Company. In September 2004 We Moved To The New Company' Office. At That Time My Job Became Only Filing All Other Tasks Were Removed From My Duties. With The New Move Also Came The News Of Going To The Paperless System, All Filing Would Be On The Computer. I Was Told That My Job Would Be Much Easier, And I Would Only Be Able To Work For 4 Hours A Day. So For The Other 4 Hours I Was To Work In Another Department. I Was Trained In The Other Department. So For The First 4 Hours I Did The Filing And The Other Was In The Billing Dept. Then In November 2004 I Developed Blood Clots In My Right Arm After Having Blood Work Done. I Was Hospitalized From 11/29/04 To 12/12/04. Discharged After Having The Blood Clots Removed. I Was Reamitted On 12/21, The Blood Clots Came Back. I Was Discharged On 12/29. Due To May Problems The Clots Were Left In My Arm. I Was Put On Fulltime Short Term Disability. Until I Came Back To Work On 3/1/05 At That Time The Doctors Released Me To Go Back To Work Part Time Four Hours A Day. My Arm Was Still Swollen And Caused Me Pain If I Used It Alot, And My Fingers Were Still Numb.
    While I Was Out, Three Full Time Tempts Were Hired To Do The Filing. Which Is What I Was To Do Only 4 Hours A Day. Two Of The Tempts Were Let Go, And The One Left Started Working On The New Computer System. I Took Care Of All The Other Things That Did Not Get Done While I Was Out.
    On 8/1/05 I Emailed My Boss That I Was Almost Done All The Old Computer System Work And Then I Was All His. So For The Next Two Weeks I Finished All The Work.
    Then On 8/16/05 I Was Giving An Employment Seperation Agreement And Told That My Postion Was Being Eliminated, And That The Position That Was Open Was A Full Time Position. Which Is What I Was Told I Would Be Doing Before I Got The Blood Clots In My Arm. For Only 4 Hours. It Now Was A Full Time Position And They Changed The Name From File Clerk To Document Tracker. So I Was Let Go. I Have Not Signed The Separation Agreement Its States
    (employee Voluntarily Terminate Active Employment And Her Final Day On The Company's Active Pay Roll Will Be 8/16/05).
    I Need To Know What My Rights Are. And Was This Aloud To Happen Just Because I Was Out On Short And Then Long Term Disability.

    Please Help!!! The State Is Maryland.
    They Also New That I Would Be Back To Work Full Time By 11/05. I Had One More Operation Left To Do In September. Very Sad

  • #2
    Ruth, the capital letters make your post very hard to read. For subsequent posts, please only use standard capitalization (first words of sentences, proper names and nouns only).

    The maximum length of time your employer is required to hold your job is 12 weeks. If you have been off work for a total of 12 weeks in a 12 month period, your employer may legally terminate your employment, regardless of how legitimate the need for additional medical leave and regardless of whether you are collecting disabilty benefits or not.

    Despite what a number of people appear to believe, the law does NOT say that you cannot be terminated while you are on disabilty leave.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Sorry about all the letters being caps.

      I have one more question. my boss called me yesterday, while I was out and left a message on my answering machine. To give her a call she had a few work related question she needed to know what to do. I am the only one who has worked my position since 2/99. What should I do?
      My severance payment period is over. It made me cry, I gave so much to that company. And the way they let me go was so wrong. Thanks Ruth


      • #4
        It's up to you how to respond. You are not obligated to return her call; you don't work for her any more. On the other hand, you don't want to burn any bridges in case you need a reference from her some day.

        It may or may not have been "wrong". It was not illegal.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


        • #5
          I filled a claim with EEOC (Equal Employment Opportunity Commission). And they are taking my case as americans with disabilities. Its still being invested.
          But they are moving forward with it. Does anyone know what can happen? or who I can ask? I have been assigned a investigator. Things move very slow, I just got the call and the papers to sign this week. And I filed it at the end of Aug. 2005. Thanks


          • #6
            It is not unusual for these investigation periods to last two years or more. The fact that the EEOC agreed to investigate does not necessarily mean you have a case. When a decision has been made, they will either prosecute the case for you (very rare), issue you a right-to-sue letter, which means you can pursue the case on your own with an attorney and which doesn't assign any particular merit to the case, or decline to issue such letter. The wheels of federal government move very slowly.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


            • #7
              Thanks alot for all the help. One more question. I'am still getting paid LTD, should I apply for unemployment? I have no job lined up when my LTD ends. right now its approved thru 2/06. thanks


              • #8
                If you are collecting LTD benefits it is quite unlikely that you will qualify for unemployment since the eligibility requirements for unemployment, and for any kind of disability benefits, are mutually exclusive. To be eligible for unemployment you have to be able to work and actively looking for work; to be eligible for disability benefits you have to be unable to work. You can't qualify for both at the same time.

                If and when your LTD benefits end, then you would most likely qualify for unemployment. But you can't be collecting both at the same time.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.