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disability firing

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wolfdale

Junior Member
What is the name of your state? California
I went on diability in April 2005. In November of 05 my employer sent me a letter stating that I had exhausted my disability benefits and was terminated. My benefits from the state continued until April 2006. Were they within their rights to fire me in Novermber 05
 


moburkes

Senior Member
FMLA requires that they hold your job for 12 weeks. They apparently did that. I am assuming that when you went on disability, you mean that you stopped working because of a disability.
 

cbg

I'm a Northern Girl
Yes, they were. It is a myth that you cannot be fired while collecting disability benefits. The LONGEST that your employer is required to hold your job is 12 weeks; they held yours twice that long.
 

moburkes

Senior Member
cbg said:
Yes, they were. It is a myth that you cannot be fired while collecting disability benefits. The LONGEST that your employer is required to hold your job is 12 weeks; they held yours twice that long.
I beat you!:D
 
Americans with Disabilities Act

Actually, the longest an employee can be protected from termination is not twelve weeks. The Americans with Disabilities Act can require an employer to keep an employee's job open for much longer as a reasonable accommodation for a disability unless it causes the employer a "substantial hardship".

While you were probably off too long for this protection to apply to you, I wanted to make sure you knew your rights for the future.
 

mitousmom

Member
To fully understand your rights, you need to understand that the ADA and the FMLA are two very distinct statutes with different purposes and goals. FMLA is designed to allow employees protected time away from work for short-term medical and family issues that periodically arise during employment. The ADA addresses individuals with long term medical and mental conditions that substantially limit a major's life activity such as, walking, seeing, hearing, etc. whose working conditions may need to be altered to allow them to successfully perform the duties and responsibilities of the job. Such individuals are considered truly disabled and the emphasis is on ensuring that they can work, not granting extended absences from work.
 

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