LTD Firing

I was home on LTD for 16 months and then went back to work agreeing to try work again to see if I could handle it. After four months, it was determined thatI was not fit to continue due to the same disability that caused me to go on LTD in the first place. Instead of allowing me back on LTD, they fired me leaving me without disability, income, insurance or anything, What do you think?

MJE

Under the Americans With Disabilities Act, so long as you are determined to have a "disability" and can perform the "essential functions" of the job with or without reasonable accommodations, then your employer can not discriminate against you. You cannot be fired "because of" your disability if you can perform the essential functions of the job.

If you cannot perform the essential functions of the job because of your disability, with or without an accommodation, then they have every right to find someone who can perform the job.

If it is determined that you do have a "disability" which precludes you from earning a living, then perhaps you should try to collect social security disability.

You should talk to an employment attorney or a workers' comp. lawyer to be absolutely sure of your options, if any.