Can I be terminated by my employer while out on long term disability and still under doctors care?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I be terminated by my employer while out on long term disability and still under doctors care?

I had surgery on my foo ( not workmans comp. related). I have had complications from surgery and I am not able to perform all duties of my job. The company says that they cannot accommodate my limited abilities. Can I be terminated from company?

Asked on April 29, 2011 under Employment Labor Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Receiving long term disability does not, in and of itself, provide job protection.  And an employer, absent other circumstances, is not going to be required to modify your current job or make up a new job for you, in order to keep you employed.  Are you on leave under the Family Medical Leave Act (FMLA)?  Then you are probably ok until the leave is over.  But once it is over and you can not return to work you may be pout of luck.  You might want to call and discuss the matter more fully with an employment attorney in your area or the department of labor.  See what your options are here.  Good luck to you.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption