Will Taking Short-Term disability PROTECT ME?

VA

I am a 56 yr old account manager who has a number of debilitating and painful illnesses. I went to the doctor today and she put me on 'short term' disability. Because of my poor performance over the past year, I am in a probationary state at this point and am running out of time to adjust. The company is big and I am very aware that they want me out because I'm costing them money, the pressure is absolutely overwhelming to leave.

The question: Will I be protecting myself going ahead with the S-TD and see if they fire me or let them fire me and have nothing? I am not eligible for SSI or other compensation. I have signed a non compete agreement so I cannot work in my industry for at least a year, and have been in this industry for 30 years and know no other skills.

What wording do I use to convey my circumstances to my manager that will not burn bridges? What do I say in the exit interview if she fires me?

I am not thinking clearly and in a state of panic. Thank you so much for this forum, I look forward to your help in this trying time.

STD does not provide any job protection. If you qualify for FMLA, your job will be protected for 12 weeks.

I am NOT eligible for FMLA because I work remotely and the branch I work out of only has four employees, the corporate office is 400 miles away.

Then unfortunately nothing will legally prevent your employer from firing you and hiring someone else. He may or may not choose to do so. STD will provide income while you are disabled, if you qualify, even if your position is not going to be there for you when you recover. And you will be able to file for unemployment once your doctor releases you to go back to work, while you look for a new job. But your boss MAY choose to allow you to come back to work when you recover. No way to know until you ask him.

Even FMLA would not protect you from a termination that is for performance reasons. FMLA only protects you from termination for absences due to FMLA-protected reasons.

Collecting disability benefits does not protect you at all. STD and LTD are not leave; they are how you get paid while you are on leave.

Thank you for your replies.

I still wonder though of the exact wording that I need to use if she decides to fire me for poor performance and I lose all of my rights to my benefits.

Again, I have no other work skills and will not be able to get insurance for me for my incurable cancer diagnosis and other pre-existing conditions on $167.00 per week. I signed a non-compete as well.

How do I word the exit interview in case it happens that I get fired for non-performance?

I don't think that much matters. And if you are making $167/week, you will probably qualify for Medicaid.