+ Reply to Thread
Results 1 to 4 of 4

Thread: Fired on STD

  1. #1
    rosedio is offline Junior Member
    Join Date
    Jun 2008
    Posts
    2

    Fired on STD

    What is the name of your state? Texas

    I have been on short term disability for about a month now - due to chronic daily headaches. I have been in and out of hospitals and doctors offices for the last three weeks, not to mention I had an accidental overdose that put me in the hospital because I had stopped breathing.

    For the last two months I have been dealing with my employer to receive tuition reimbursement. They requested a FERPA form, or a sealed transcript from my school, which I personally sent one to the office, and according to the university, they have sent one as well. I was just told this morning that they are planning to "suspend me" which will also involve taking away my insurance coverage. Which at this point in time, can hurt me even more than anything right now.

    Is this possible? Can they really terminate me while I'm on STD? Please advise, very time sensitive.
  2. #2
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,059
    Yes, you really can be terminated while on STD. STD benefits convey NO job protection whatsoever. FMLA, which can but does not always run concurrently with STD benefits, does provide job protection. However, the FMLA job protection is neither open ended nor absolute. While you cannot be fired for excessive absences while on FMLA, nor for taking FMLA, even on FMLA you can still be fired for reasons unrelated to the leave.

    You have not provided enough information to say if FMLA applies; nor have you given the reason you are being suspended. Please answer the following questions:

    1.) How long have you worked for this employer?
    2.) How many employees does this employer have within 75 miles of your location?
    3.) In the last 12 months before your leave began, had you worked a minimum of 1,250 hours?
    4.) In the last 12 months before this leave began, how much other time, if any, had you taken off for medical reasons?
    5.) What was the reason given you for the suspension?
  3. #3
    rosedio is offline Junior Member
    Join Date
    Jun 2008
    Posts
    2

    Fired on STD

    I know that our office location is not apply for FMLA as our office only has 20 people who work in the 75 miles. Our corporate office is in Miami, which does have much more than that. Before I started the leave, I was taking doctor appts about 2 times a week, but would work before and after the appt. It was known that I had been fighting these problems for quite a while.

    The reason for termination is that they have not recieved a copy of my transcripts for tuition assistance.
  4. #4
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,059
    If FMLA does not apply, then your termination is completely legal. As I said, STD does not provide you with one iota of job protection unless FMLA also applies, and even FMLA only protects you for 12 weeks and only for reasons related to the absence. Even if it applied, it would not protect you from a termination for reasons unrelated to the absence.

Similar Threads

  1. Fired by your mom?
    By SNX in forum Hiring, Firing & Wrongful Termination
    Replies: 6
    Last Post: 09-17-2007, 03:02 PM
  2. Wrongly fired for theft - Manager later fired for taking the money.
    By Mike15465 in forum Hiring, Firing & Wrongful Termination
    Replies: 2
    Last Post: 07-02-2005, 06:24 AM
  3. Fired with cause, unfairly targeted, only 2 out of 3 fired for doing the same thing
    By adm006 in forum Hiring, Firing & Wrongful Termination
    Replies: 1
    Last Post: 05-24-2005, 03:14 PM
  4. Could I be fired for this?
    By Denise Crew in forum Hiring, Firing & Wrongful Termination
    Replies: 1
    Last Post: 10-25-2001, 09:05 PM
  5. My roommate was threatened with getting fired for days---then was fired.
    By z-dog in forum Hiring, Firing & Wrongful Termination
    Replies: 1
    Last Post: 02-26-2001, 12:37 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.