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Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.
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About The Author
Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving peoples livelihood. She is not an attorney and her writing should not be considered legal advice.
Can You Be Fired While On Long
There is a misconception that individuals in Ontario simply cannot be let go from their job when they are on a long-term disability leave/benefits.
Rather, for one, generally, employers in Ontario can terminate any employee without cause for most business reasons, at any time, including when they are on long term disability.
Second, employers can terminate any employee for cause, at any time, including when they are on long term disability.
Lastly, employers can sometimes argue that an employment relationship is terminated without liability because of frustration of contract when an employee is on long term disability leave.
The only thing an employer cannot do is terminate an employee because, in whole or in part, of the employees disability. The Ontario Human Rights Code provides that every person has a right to equal treatment with respect to employment without discrimination of disability. This means that employers cannot dismiss employees for reasons at all related to a disability, disability leave or receipt of disability benefits.
How The Americans With Disabilities Act Can Protect Your Job
Although most employees in the United States work on an “at-will” basis, which means they can be terminated for virtually any reason, the Americans with Disabilities Act makes it illegal to fire an employee due to disability. This law protects those who meet the ADA’s definition of disability, which includes many individuals on disability leave and some who have previously received benefits and returned to work.
Under the ADA, disability is defined as “a physical or mental impairment that substantially limits a major life activity.” Employers covered by the ADA must offer to make reasonable accommodations of your disability as long as it will not cause them “undue hardship.” The burden is, however, on the employee to inform their boss of their disability so that accommodations can be provided.
Accommodations can include restructuring a person’s job duties or schedule, installing Braille signage, modifying desks, making the workplace more wheelchair accessible, and many others. Even granting additional unpaid leave can be a reasonable accommodation. Whether any of these accommodations constitute a hardship for the employer depends on many factors, including the size of the company and the cost of the changes. If there aren’t any reasonable accommodations an employer can make that will allow a disabled employee to perform all the essential functions of the position, the worker may be legally terminated.
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When And How Can An Absent Employee Be Terminated
Frustration of the employment contract is not the same as just cause for termination. The events that lead to frustration a contract or not a breach of the contract that can be attributable to an employee being blameworthy. Rather, the contract simply cannot be completed. The frustration of contract does most often come up when an employee is sick or hurt, and is absent from work for an extensive amount of time.
Employer/insurance Carrier Requests Examination By A Health Care Provider
- Your employer/insurance carrier may designate a health care provider to examine you. You must submit to requested examinations under the following conditions:
- Exams may occur at intervals, but not more than once a week.
- You do not pay for the exams.
- Exams occur at a reasonable time and place.
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Law Office Of Lori D Ecker
Index | Your Rights> Benefits & Leaves | Protect Your Rights | Firm Homepage
If you are permanently or temporarily disabled, or have a serious health condition, you may have rights when it comes to taking leave from your job. The Family & Medical Leave Act and the Americans with Disabilities Act, along with some state laws, give you legal rights to disability leave if you are covered by one or more of these laws. Read below to find out more about which laws protect you, what rights you have to time off, and what to do if you think your rights are being violated.
14. More Information about Disability Discrimination
Americans With Disabilities Act Can Save Your Employment
Most employees in the U.S. are at-will, which gives employers to terminate their employees with or without reason without any legal repercussion. The reason for dismissal, however, must not coincide with any laws that are meant to protect employees. The Americans with Disabilities Act does not allow for your employer to legally fire you due to disability. The ADAs definition of disability includes most individuals on disability leave and some who have returned to work.
Employers who are covered by the ADA include those with 15 or more employees. These employers must make reasonable accommodations to consult the disability as long as it does not cause them undue hardship. As the employee, however, the burden is on you to inform your employer that accommodations will be required for your continued employment.
Reasonable accommodation can mean a lot of things from restructuring a persons job or schedule to even granting additional unpaid leave.
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The Laws That Allow Disability Leave
Employees have the right to take time off from work to tend to their own illnesses. The right to go on disability leave is established both by federal and state laws. On the federal level, employees have the right to go on leave through the Family and Medical Leave Act. On the state level , the California Family Rights Act also establishes the right for employees to go on leave. Without a doubt, you are entitled to disability leave. If you were terminated while on disability leave, do not hesitate to seek legal assistance as soon as possible you might have grounds to pursue a claim and receive compensation. Do not hesitate to contact our law firm as soon as possible.
Have Questions About Your Fmla Rights
If you experience a qualifying event that makes you eligible for FMLA rights, you dont have to identify the FMLA specifically to your employer. If they know that youve been through something that calls for leave, its their burden to reach out and see if you need it. You are still eligible for its protections whether or not you mention the FMLA directly to them.
If you lost a job due to missed work from a medical issue or caring for a sick loved one, you might be able to claim reinstatement or lost wages. If your employer has violated your disability rights, its best to speak with an employment law attorney as soon as possible. They can answer your questions and help you figure out the next best step.
Call our Employment Law team at to discuss your case today.
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Caution: Discriminatory Termination And Long
Even though, as I have described above, employers can generally fire employees on long term disability as they please for business or contract reasons, employers must be aware that there are serious ramifications for firing employees for disability reasons.
Full stop. Employers cannot dismiss an employee because they are disabled, on disability leave or in receipt of disability benefits. Even if the employees disability or leave was just 0.000001% of the reason for her dismissal, it is against the law. Even if there are legitimate business or contract reasons for a termination, a finding of discrimination may be made if the fact that the person was on leave was simply taken into account in any way. To be clear, if the employees disability or receipt of LTD benefits factored ever so slightly into the employers decision to terminate her, it is a breach of her human rights, and the employee would be entitled to damages and even the extraordinary remedy of reinstatement.
The law is very strict against discrimination and job loss. Even in cases where there is little to no evidence the employer made their decision to terminate because of the employees disability, the fact the decision to terminate was made close to the timing of the disability leave is enough to succeed on a human rights claim.
Dutton Employment Law represents employees and employers in Ontario. to discuss your long-term disability leave and termination issue today.
Can You Be Legally Terminated While On Long
Receiving long term disability benefits does not prevent your employer from terminating you. But federal and state laws forbid them from firing disabled employees under certain conditions.
Confused? Lets break it down bit by bit.
Suppose you are diagnosed with a brain injury that puts you at a partial permanent disability. If qualified, you may receive long-term disability benefits. Since youre only partially disabled, you can still go to work. But your disability prevents you from doing your job properly. As a result, your employer decided to fire you.
Question: is the termination legal?
It depends. If your case falls under any of the state or federal laws that prohibit the wrongful termination of disabled workers, then it is illegal. As such, you can file for damages. But the fact that youre receiving long-term disability benefits does not matter. You cannot use it to claim that youve been wrongfully terminated.
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What Is The Definition Of A Disability
The ADA defines a disability as a physical or mental impairment that significantly limits someones ability to participate in daily life activities. Employers covered by the ADA must offer reasonable accommodations for workers with disabilities as long as it would not cause the employer undue hardship. However, the employee needs to inform their boss of the disability so that accommodations can be provided.
These accommodations can include installing signs in Braille, modifying desks, making the workplace wheelchair-accessible, restructuring job duties or schedules, and even granting additional unpaid leave. However, if there are no reasonable accommodations that the employer can make to allow the disabled employee to perform all essential functions of the job, the employee could be legally fired.
Can You Be Fired For Being Sick
Unless otherwise agreed upon, all employees in New York are at-will employees, meaning that an employer can fire an employee at any time and for any reason, as long as it is not for a specifically enumerated illegal reason, such as due to a disability or for taking a protected medical leave of absence.
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Altman & Altman Llp Top Employment Law Firm In Ma
If you have been wrongfully terminated while on disability, the skilled legal team at Altman & Altman, LLP can help. We have been protecting the rights of MA workers for more than 50 years. Our experienced, knowledgeable attorneys have extensive experience with wrongful termination cases, especially as they relate to disability. We will analyze the details of your case to determine the best legal strategy, and well position you for the most favorable outcome possible. Dont go through this difficult time alone. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.
Job Protection Under State Leave Laws
Most states have their own laws regarding unpaid leave for medical reasons, and most of these laws provide similar protections as the FMLA. Some state leave laws, however, are more generous than the FMLA. For instance, the California Family Rights Act requires your employer to continue all group benefits while you are out on leave. Check with your state’s Department of Labor or an employment law attorney for information on your state’s leave policies, especially if you aren’t covered by the FMLA.
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Job Protection Under The Family And Medical Leave Act
A federal law known as the Family and Medical Leave Act provides employees with twelve weeks of unpaid leave per year to deal with one’s own medical issues or to take care of a sick member of one’s immediate family. Not all workplaces are subject to FMLA, and even in those that are, employees must meet certain requirements to be covered by the law. FMLA applies only to companies with 50 or more employees located within 75 miles of each other, and workers must have worked:
- for a total of at least one year for the employer, and
- for at least 1,250 hours in the preceding year.
Although FMLA leave is unpaid, an employee can receive short-term disability or long-term disability benefits while on FMLA leave. And, in fact, many employers require you to use your allotted FMLA time while you’re on disability. For many disabled employees, FMLA is the most important form of job protection they enjoy.
Your employer may not terminate you if you are on FMLA leave as long as you don’t go over 12 weeks of FMLA leave per year. When you return from FMLA leave, your employer must employ you in your former position or one that is substantially similar. If you do exceed 12 weeks of FMLA, even by a day, you run the risk of being terminated for excessive absences. Of course, if you’re fired while receiving disability insurance benefits, you’ll still continue to receive benefits according to the terms of your policy.
Whats A Reasonable Accommodation
A reasonable accommodation can be the installation of a wheelchair ramp or Braille signage, desk modification, or the restructuring of the employees schedule or job duties. These are just a few examples. If it is shown that the necessary accommodations will cause the employer undue hardship, or that none exist to support the employee in that particular job, the employee can be legally terminated. However, the way in which the termination is handled is equally important. Before firing an employee due to disability, the employer must work with the employee to try multiple options. A Boston employment law attorney can help you determine how to proceed if youve been unlawfully terminated due to a disability.
To recap, employees can be fired while on disability if they exceed their 12 annual weeks of FMLA leave, or if they are unable to perform the essential functions of their job after reasonable accommodations have been made. If you feel that you are being discriminated against due to your disability, it is in your best interest to save any correspondence you have with your employer. This could be highly useful if you decide to file a lawsuit.
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Can Your Employer Fire You If You Are On Disability Leave
There are many reasons that would lead employers to terminate an employee. Employees can even be fired while on disability leave for a number of reasons, such as failing to return to work after their leave is over or failing to inform the employer that they were going on leave in the first place. Employees can also be fired for many other reasons, such as poor performance, problems meeting goals, fraud, prohibited conduct, and being unable to perform the essential functions of the job , for example. In many cases, the motion to terminate an employee for a legal reason coincidentally concludes during the time that the employee is on leave. Although there are perfectly legal reasons for termination, there are also many illegal reasons. For instance, employees cannot be fired for simply being on leave, for needing a reasonable accommodation, or for any discriminatory reason, for example. If you were terminated while you were on disability leave and you suspect that your termination was illegal, do not hesitate to contact our law firm as soon as possible to speak with our experts.
What Happens To My Long
It is possible to continue receiving disability benefits after your employment has been terminated. Indeed, most people who receive long term disability benefits for an extended duration will have their employment terminated eventually. Meanwhile, long term disability plans usually provide disability benefits until retirement age, provided the claimant remains disabled. Thus, there is nothing usual about receiving long term disability benefits even after your employment has terminated on the contrary, its the norm. Some long term disability plans exclude coverage if the employee is terminated for cause , but those plan provisions are rare. As with any benefits-related question, its best to request a copy of the plan document from your employer to determine your rights.
It is also important to acknowledge an employees circumstances leading up to his or her last day worked prior to their disability. Most employees contemplating filing a disability claim cannot simply up and leave their job their main or sole source of income. They will try to fight through their disability until they can no longer do so. Courts have acknowledged this fact. For example, in Rochow v. Life Ins. Co. of N. Am., 482 F.3d 860 , the United States Court of Appeals for the Sixth Circuit held that disability insurers cannot deny a disability claim solely because the claimant worked after he or she first began experiencing symptoms of the disabling medical condition.
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