What to do about termination and disability payments?

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What to do about termination and disability payments?

I started working for an employer in 10/10. In 01/11, I suffered a ruptured aneurysm. I had numerous surgeries and have been out of work since with no RTW date at this time. I’m still under a doctor’s care. My insurance company approved my short term disability up to 04/09/11 and is in the process of reviewing my long term disability. On 03/02/11, I was terminated stating that the job required having someone there, as it was a fast pace, contract project job and I had no RTW date. My disability payments have been terminated effective upon my termination date of 03/02/11.

Asked on March 12, 2011 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should consult with an employment attorney--there is more than enough money at stake (the disability payments; back and/or front pay for a potential improper termination) to make it worthwhile. You need someone to evaluate the specifics of your situation in detail

Be prepared that there is a potential hitch: while employers do have an obligation to accomodate disabled employees, such accomodation must only be "reasonable"--there's a limit to what employers might have to do. If it's the case that you simply could not work at that job under any circumstances given your condition, termination may have been legal and proper, which could impact your disability depending upon its terms and conditions.


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