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Terminated while out on LTD

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Raymundoshine

Junior Member
What is the name of your state? California
According to my "at will" employer, I had "exhausted the maximum leave allowable" and they were "no longer able to continue" my "leave of absence." I was terminated without any warning on August 11, 2006, after being with the company 27 years. I have been on long term disability for 12 months, which is covered by the company's insurance carrier, Liberty Mutual. As far as I know, there is no specific policy covering a "maximum leave allowable" and all I was told was that there was "a reduction in full-time hours," in addition to the above reason. I've been advised to talk to an attorney and I'm curious as to my legal rights, if any. Please advise. Thank you.
 


moburkes

Senior Member
Your employer is not obligated to hold a job open for you because you are on disability. Your FMLA was exahused after 12 weeks, if you were eligible for it.
 

cbg

I'm a Northern Girl
Despite a persistant myth to the contrary, there is nothing in the law that says you cannot be termed while you are "on disability". The MAXIMUM an employer is required to hold your job is, as moburkes says, 12 weeks; your employer held yours for 12 MONTHS, FAR longer than the law requires.

It doesn't matter whether there is anything in the company handbook telling you that there's a maximum leave allowable or not. They are STILL not required to hold your job indefinitely.

I would never tell someone not to talk to a lawyer but unless there is something major you are not telling us, like the existance of a contract promising that your job will be held forever, it would be a waste of time and money. Your employer has FAR exceeded what the law requires.
 

Raymundoshine

Junior Member
Thank you for both for your replies... That's what I get for listening to my sister's "rant" about suing "the corporation." As much as I love her, she has a tendency to "go overboard" with her "experienced" advice. I knew that I was quite fortunate actually to have received the extended leave, even though the termination was a bit of a surprise.
Thanks again.
 

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