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Fired while on Short Term Disability New York

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  • EKW
    started a topic Fired while on Short Term Disability New York

    Fired while on Short Term Disability New York

    I have been on short term disability because of a car accident for 8 weeks. My employer informed me that my position was being eliminated and told me I could come back as a consultant (pay rate TBD), and if I did not return by a specified date (the day after my next scheduled doctor's consultation) and accept the job without a specified pay rate I would be terminated. The firm I work for is a small company (under 50 employees). Is this legal?

  • Betty3
    replied
    Agree, sometimes it gets to a point where the employer can no longer keep a job open or offer other employment. You never get unlimited medical leave even under Title VII or the ADA as cbg noted or while on STD.

    You can be laid off or fired while on STD.

    Leave a comment:


  • cbg
    replied
    Neither Title VII nor the ADA says that you get unlimited medical leave or that you cannot be fired while you are collecting disability benefits.

    Leave a comment:


  • DAW
    replied
    Originally posted by EKW View Post
    ... what is Title VII, and where would I find it
    http://www.eeoc.gov/abouteeo/overview_practices.html

    Leave a comment:


  • EKW
    replied
    Kathleen, thank you for your reply to my post. I am not an HR person, what is Title VII, and where would I find it?

    Something is definitely fishy. They are very shady, and I just want to protect myself before I speak with them again. Thanks for your help.

    Leave a comment:


  • KathleenSPHR
    replied
    I'm not sure if I am missing anything but it sounds like your employer still has work for you. It seems like they are just trying to turn you into a 1099 contractor instead of an employee. Even though they are not subject to FMLA, they are subject to Title VII which protects you against discrimination, including temporary disabilities.

    If they are eliminating your position, why would they have you come back as a consultant? Something doesn't sound right? Sounds like they are up to funny business.

    Leave a comment:


  • EKW
    replied
    my next consultation regarding my return is in 2 weeks. still in a lot of pain, do not know how that appointment is going to go. i would love to be up and around enough to return to work. the problem is, i am not. so being terminated without benefits is creating a great deal of anxiety for me.

    Leave a comment:


  • cbg
    replied
    Since there does not appear to be anything illegal transpiring, I can't think what.

    Really, really, really long shot here: when does your doctor anticipate your being able to return to work?

    Leave a comment:


  • EKW
    replied
    Do I have any legal remedy to pursue or protect myself?

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  • cbg
    replied
    Yes, it is.

    It is a myth that you cannot be fired while "on disability". (BTW, STD is not leave - it is how you get paid while you are on leave.) STD benefits do not, in any state, provide job protection. What provides job protection is FMLA, which can and often does run concurrently with STD benefits, but does not in this case because your employer does not have the requisite 50 employees. NY does not have a state version of FMLA to cover employers of fewer than 50 employees. Additionally, even FMLA does not protect you from a termination that would have occurred anyway, such as a job elimination.

    Leave a comment:

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