If my sister is on short term disability and she was informed that she was terminated because they don’t know when she’ll return, is this legal?

UPDATED: May 29, 2012

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If my sister is on short term disability and she was informed that she was terminated because they don’t know when she’ll return, is this legal?

She has been on STD for 3 weeks. She has more tests this week to determine if the nodules on her lungs and the mass on her liver are malignant or benign. She has been with her employer for 8 months. She has not had any peformance issues at work. She was told that if her tests come back healthy she can re-apply for the position if it has not already been filled.

Asked on May 29, 2012 under Employment Labor Law, Minnesota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your sister has documented short term disabilty from her treating physician to he remployer, her employer cannot legally terminate her position IF there is work in the future for her to perform. The only exception allowing for termination is if her employer was in such poor shape financially that lay offs were needed as to employees.

I suggest that your sister contact a labor attorney about her termination with respect to her short term disability and consider making a complaint against her employer at the local labor department regarding her termination as well as seek unemployment benefits.


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