If I was out on disability for 6 weeks, can I befired?

I gave a months notice I would be out. When I went to work my sign in with my code it invalid and I was no longer able to access the system on the computer the office. They told me I had to go home and they will call me, because they did not have a back to work letter. So I went and got the letter so I could work. They still told me to go home and then called to tell me they laid me off and that “we had to fill your vital position”. They had hired 5 counselors yet 4 was plenty over coverage and my position could have been held. Is this legal for them to do?

Asked on November 12, 2012 under Employment Labor Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if an employee is out on disability he or she could have the employement position terminated legally if economics in the workplace warrant the employer downsizing the work staff.

Given what has transpired, I suggest that you consult with a labor law attorney or a representative with your local department of labor about your situation and potential legal recourse.

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