Can someoneon short term disability be laid off?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.