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  1. #1
    Join Date
    Jul 2008

    Question Can you be let go of employment while out on disability

    What is the name of your state (only U.S. law)?

    A friend of mine is out on private disability ins. He went to his employer to ask to come back to work on light duty, as they have given light duty to other workers. He was told there isn't enough work to begin with. Followed by a phone call stating there just isn't enough work. He ask at that time, am I laid off or fired? No answer just a statement lack of work. Since, he was sent a letter stating he would no longer have any medical coverage paid for and what he wanted to do about his 401k plan.

    Question being: He was never told anything with regard to his work and can you be let go of employment while receiving disability coverage?

    He doesn't want to answer this letter until he can get some legal advice.

  2. #2
    Join Date
    Feb 2006
    Philadelphia, PA
    Whether he is receiving disability benefits is irrelevent. If FMLA applies, then during those 12 weeks you can be laid off, but only if you would have been laid off if you were NOT on FMLA. If FMLA does NOT apply, or is used up, then yes he can be laid off or fired.

  3. #3
    Join Date
    Nov 2001
    It is a myth that collecting disability benefits provides job protection. It does not.

    FMLA, which can and often does run concurrent with disability benefits, does provide job protection. But if FMLA does not apply or has been exhausted, you no longer have job protection whether you are collecting disability benefits or not.

    Employers are not obligated by law to provide light duty. No employer EVER, even under the ADA, has to make up a job for someone. It is not uncommon for what few light duty jobs exist to be reserved for workers comp situations. And yes, it is legal to give light duty to some employees but not others. There are only so many light duty jobs available at any given time and when they've all be given out, that's all there is - there ain't no more.

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