If I got laid off work after 16 years while I was on short term disability?

UPDATED: Sep 29, 2022

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If I got laid off work after 16 years while I was on short term disability?

I am 50 years old and an Indian. The company did give me 6 months of short term disability and will probably also give me a decent severance package. My question is that is it legal for them to have laid me off while I was on short term disability. They also interviewed me during this time for a job in another state. They did the technical interview the very next day after my 2nd of 3 surgeries. I was taking a lot of pain killers and Valium to cope with the pain and suffering. The company was not ready to delay that interview. I was so groggy and confused that the interview lasted only 5 minutes. no need for a technical interview after 16 years of employment.

Asked on August 24, 2015 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The answer depends on "why" you are being laid off. They cannot terminate your employment because of your condition or disability, because you used or received benefits to which you are legally entitled, or, for that matter, due to your age or race. On the other hand, being on disability does not mean that you cannot be laid off for valid, neutral, non-discriminatory and -retaliatory reasons, such as restructuring your unit, moving your unit, downsizing for financial reasons, etc. Businesses may make business decisions and act in them even if it affects an employee who is on disability.
If you feel there was no such neutral reason and you were terminated against or retaliated against due to race, age, or disability, you should speak with an employment law attorney to explore your rights.

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.

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