Can my employer suspend me while I am on long term disablilty

Can my employer suspend me while I am on long
term disability.
They have pulled unemployment records of over 40
employees back to 2012 and saying we all overdrew
unemployment and has suspended me with a former
letter stating I have violated a company policy. I have
an appointment with my HR on Tuesday they
decided to handle each employee case one by one. I
believe they are going to try and let me go but they
have already let several of the suspended ones
return that did violate the policy. How can they term
one to the policy and not the others for the same
policy violation

Asked on October 12, 2017 under Employment Labor Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Just because you were on long-term disability, does not mean that you could not have been suspended (or even terminated) for a non-disability related reason. Accordingly, if you violated company policy, you could have been discharged for that reason. The fact is that an employer is not required to treat their workers equally or even fairly unless the reason for such differing treatment is due to some form of legally actionable discrimination.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Being on long-term disability does not protect you from termination or suspension for valid, non-disabilit related reasons, so if you did in fact violate company policy, you may be terminated or suspended for that reason.
2) Employers are not required to treat employees equally or fairly; they may legally elect to punish one person for an offensive, action, or behavior but not another.


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