Canyou get fired while waiting for your disabity appeal?

UPDATED: Dec 26, 2011

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Canyou get fired while waiting for your disabity appeal?

My doctor has not released me to go back to work.

Asked on December 26, 2011 under Employment Labor Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is always possible that your employer could terminate your employment status with him or her pending the outcome of your disability appeal presumably from a work related injury.

However, under the laws of all states in this country, it would be improper and illegal for your employer to terminate you in such a situation where your injury results from a work related injury. The employer could hire a temporary worker for your position pending your clearance for return to work. Should you be terminated from work pending word on your disability appeal, you should consult with a labor attorney.

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 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.

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