Canyou be terminated while on short term disability?

Due to diabetes I have diabetic ulcers on my foot. I also had a bunion that was causing my foot to be deformed. My doctor told me that the only way to get the diabetic ulcers to go away would be to get surgery to straighten out my foot. I have had many complications and have had to have surgery on my foot twice now. I am unable to put any pressure on my foot and need to be in a wheelchair. My doctor will not allow me to go back to work. I was on Short Term Disability because of this. On Friday, 9/10/10 I received a termination letter stating that as of 9/2/10 I have been terminated.

Asked on September 12, 2010 under Employment Labor Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to speak with an employment attorney in your area as soon as possible.  Short term disability lasts only so long and you have to apply for long term disability of you have gone over the time frame permitted.  Your employer, though, or their Human Resources department should have been keeping you advised as to what was going on.  I would contact them first to see what happened and discuss the filing of a long term disability claim to be retroactive.  And you should have received more notice than 8 days AFTER the fact.  I am sure that this breaks some kid of rule or law.  Seek legal help. Good luck.

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