lay offs and short term disability

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lay offs and short term disability

Is it legal for an employer to list you as laid-off on the COBRA insurance forms if you are on short term disability? There were mass layoffs the week that I got sick and needed surgery and they were going to lay me off anyways but ended up in ER the same week as the layoffs. I was approved for short term disability but was told that I needed to pay for COBRA. I am afraid that my employer is just trying to get out of paying for short term disability insurance. What do you think?

Asked on June 1, 2009 under Employment Labor Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Well, it sounds awfully coincidental. But most states are on at-will employment.  Your employer cannot lay you off or fire you for discriminatory reasons, like you are disabled.  You may wish to inquire or file a complaint with your state's Dept of Labor.


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