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STD/unemployment Termination

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  • STD/unemployment Termination

    I have an employee who was terminated due to poor performance. Had warnings, etc. - employee never changed. She knew we were terminating and avoiding calls and meetings with her direct supervisor. As she is being termed, she sends an email that she wants to file STD. Of course HR has no diagnosis from DR's for any thing specific. This employee had several DR visits for various "aliments", but nothing that would restrict working. About a month later She finds a Dr. who fills out a STD claim after she is terminated with dates that are clearly after she was terminated. The DR does not fill out any diagnosis. This person is collecting unemployment now, so any disability claim is rejected. Has anyone ever dealt with this type of issue.

  • #2
    And this is in which state?
    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
      It is in California

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      • #4
        Sorry, I missed what forum we were in = pulled it from "New Posts".

        I'm going to let someone more familiar with California's disability laws respond
        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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        • #5
          California law limits SDI coverage. For example, workers on unemployment benefit are not eligible at all, while workers receiving Workers’ Compensation benefits, paid sick leave from their employers, or Paid Family Leave (PFL) may receive reduced SDI.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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