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First day back to work and fired, help please....

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  • First day back to work and fired, help please....

    I just returned from 2 1/2 months of STD, after having an emergency hysterectomy and complications from the surgery.

    I returned with my 'return to work' note in hand. They told me in a meeting that in two weeks I would be 'let go' because they have decided that they cannot wait any longer for my security clearance to come through so the customer would no longer sponsor me. Turns out that on my first day of employment, Dec. 20, 2004 they should have submitted my clearance paperwork - to this date - they never did, so they lied to me...

    I also am going to have another major surgery (opening me back up again to remove ovaries due to pelivc mass). And will be out for 6-8 weeks. But this surgery is in 3 weeks, after the date they gave me to be gone.

    My question is - if I file another disability claim with my disability insurance this week, stating continuing illness and unable to return to work (my doctor can do this, as I'm still in alot of pain from surgery and need another surgery very soon) - will my employer still pay me STD??? Or will they say they intended to let me go and not pay me STD???

    Please help, as this was shocking to say the least, as they seemed to love my work so much - then smacked me in the face with this upon my return to work....

    Thank you

  • #2
    Return from STD

    I believe that this was answered on the other forum. However, in case you didn't get that post, the following is the answer to the original post:
    Unfortunately, you may not be protected. The reason is that, in order to be covered by federal anti-discrimination laws on the basis of a disability, you must have a condition that is considered as a "disability". While your medical problems sound severe, they probably would not be considered as a "disability". You can read more about the definition of a disability at: www.eeoc.gov.

    As far as job protection while on leave, you must have worked for the employer for at least one year. Correct me if I am wrong but it doesn't sound like you were there for one year.

    The only possible protection under federal law is if they treated you differently than others because of your gender, age, race, religion, national origin or other status protected by law. Even then, your employer could defend its actions if the decision (or administrative oversight) was based on a legitimate business reason.

    I'm not sure what state you are in as some states do have stronger protections. In what state do you live?
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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