What happens if your employer fired you because of a disability?
If you have a present disability, a past record of disability or a perceived disability, and your employer fired you because of a disability, you may have a right to recover under the ADA. The determination may be complicated, but a good attorney can guide you through the process and ensure that your rights are protected. Comments are closed.
Can a company automatically terminate a disabled employee?
Many organizations have leave policies that include automatic termination once all earned leave has been exhausted. This is another area where ADA terminations can mean a lawsuit. Automatically terminating a disabled employee who needs time off may violate the ADA.
Can a employer discriminate against a disabled employee?
Employers may not discriminate against an employee or applicant because the person needs an accommodation. The law protects employees/applicants with a record of having a disability as well. It even protects non-disabled workers whose employers wrongly believe they are disabled. ADA employee rights affect termination in several ways.
Can you fire a disabled person under the ADA?
Firing disabled workers is one of the riskiest moves an employer can make. The Americans with Disabilities Act (ADA) sets numerous traps. ADA terminations often spur lawsuits. Firing on ADA is treacherous. First, you must navigate the ADA accommodations process while simultaneously verifying disability.
Can a person be fired while on leave for disability?
First, it depends whether you are taking leave under the FMLA or similar state leave law, taking other unpaid leave, or collecting workers’ compensation temporary disability benefits. Whether or not you are collecting short-term or long-term disability (LTD) insurance benefits doesn’t matter – LTD policies offer no protection for your job.
Can a company terminate an employee on disability?
While calling us is certainly the correct first-step in this situation, not all employers violate the law when they terminate an employee who is out on disability leave and the simple fact of receipt of short term disability benefits does not prohibit termination.
When do you stop receiving temporary disability benefits?
As long as your employer has offered you modified work that meets those restrictions, you’ll stop receiving temporary disability benefits, even if you didn’t accept that offer. Your doctor says that you’re no longer expected to improve (a stage usually called “maximum medical improvement,” or MMI) and that you have some permanent disability.
What to do if your employer disagrees with your temporary disability?
If the claims adjuster at your employer’s insurance company disagrees with the treating doctor’s opinion on temporary disability (that is, the adjuster says you should be able to go back to work), the insurer can ask for an independent medical exam (IME) or similar evaluation by another doctor who’s neutral (at least in theory).