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Fired while on Disability

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M

mapawl

Guest
What is the name of your state?What is the name of your state? New Jersey

My Question is this:
My boyfriend was out of work on Temporary Disability while his Doctor was trying to regulate his medications due to his disorder. Prior to his going out on disability, he and the other men in his shop, were in the process of trying to organize a union. My boyfriend was the initiator of this. While on disability, he would occasionally drop by work, He's and Acura Tech. While there one day, his supervisor asked him to move his tools to another place in the garage. He had just called and informed him, the day before, that he was ready to come back to work. My boyfriend then proceeded to ask his boss where he was going to work if he moved his tools. He was told to "just do it". He asked again and was given no reply. He then said he'd go get his Dr's note and come back to work the following day. The supervisor told him, "I have a better idea, how about you don't come back, your fired." He was then given the excuse that the reason he was fired was due to "insubordination". Since then, he has kept in touch with several co workers and was told "point blank" that the real reason that he was fired is because he was the one who started all of the union stuff and they wanted to make an example out of him. Also, he was also told, that a few of the new Tech's that were hired, were hired specifically as "no" votes for the Union.

So what I am asking is this, based on this information, Oh, and he does have a Disability also, hence the reason for the medication. Can he be legally fired while out on disability? Also, if the real reason for his firing is ddue to Union activity, but they are just using "insubordination" as an excuse to justify it, what are his legal recourses in this matter? Can he do something about it? Can he be compensated job-wise or monetarily wise for any of this? He has filed charges with the EEOC over this and on November 13, his shop had their Union vote and won, with him being the first one to cast his ballot.

Any advice or comments on this would be greatly appreciated. He has also lost his medical benefits over this. Can anything be done? Thank you. M
 


cbg

I'm a Northern Girl
I don't know where this persistant idea that you can't be fired while on disability leave came from. YES, for what seems like the 1000th time (doesn't anyone use the Search function?) you can legally be fired while on disability. You cannot be fired BECAUSE you applied for protected medical leave (not all medical leave is protected) and you cannot be fired BECAUSE you have a disability (as defined in the Americans with Disabilities Act - not everyone who is on medical disability is considered disabled under the law by an extremely long shot) but the law does NOT require that your job be protected for the entire length of your medical leave (what if you're out for two years?) and it does NOT protect you from any termination that would have occurred regardless of whether you took leave or not.

If, however, he was fired because of his attempts to start a union, that is illegal and he can file a complaint with the National Labor Relations Board.
 

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