Can someoneon short term disability be laid off?

UPDATED: Jun 18, 2011

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Can someoneon short term disability be laid off?

My company restructured recently and eliminated my position. I had been out on SDI for 3 weeks since they did not have a position that they were able to offer me with my medical restrictions (from a work related injury). I was undergoing treatment and was on Workman’s Comp at the time. Is it legally acceptable for my company to have done this?

Asked on June 18, 2011 under Employment Labor Law, New Jersey


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

Answered 11 years ago | Contributor

Yes, under the scenario as put forth by you, this is probably legal. The fact is that someone out on disability can be laid off if their termination is due to another reason unrelated to the one that they were out for. In other words, you can't be terminated simply for being sick but you can be for another work-related reason. Here, your employer re-structured and your position was eliminated. Unless you can show that this re-structuring was done done with the sole purpose of eliminating your job because of your disability you have no claim. 

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