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Terminated while on disability New York

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  • Terminated while on disability New York

    I worked for an insurance company for 3 years. I slipped on ice in the driveway of my friend house over a weekend visit. I have been out since Jan 14. I have been going to physical therapy 3 times a week. I receive disability payments and was looking forward to returning to work in two to three weeks on schedule with the disability paper work filled out for my place of employment, Doctors estimated April 14th. I received a letter today March 14 stating I was released of my position due to a hardship I was causing on the company. They did not replace me but are active searching for my replacement. Do I still get disability now that I was let go? Can they let me go for being out 8 weeks? Can I be considered a burden when I am not collecting a pay check nor involved with their benefits? Do I have grounds to sue to get my position back?
    I was never late, never sick, never asked for extended lunch.
    I will not be Jaded by this. If your hiring I'll be ready in two to three weeks,
    Help
    Susan

  • #2
    Your answer to this question makes the difference to whether you have legal recourse or not.

    How many employees does your employer have within 75 miles of your location?

    My understanding of your state's disability plan is that you will still be able to collect as long as your doctor says you are unable to work, regardless of whether you are employed or not.
    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.

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    • #3
      Thank you for your responce.
      There are 17 people that reside within the 75 mile range

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      • #4
        With only 17 people, FMLA does not apply. Since FMLA does not apply, the law does not require them to hold your job for any specific time period unless you have a binding contract that says otherwise.
        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.

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