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Fired while on LTD

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Chef Steve

Junior Member
What is the name of your state (only U.S. law)?

Washington D.C.

I have been working for a Hotel for 9 years when I suffered a Ventricular Tacacardia in June 2008. The Hotel was well aware of my Doctor (possibly) releasing me on December 12, 2008. Back in September I paid my portion of the Insurance through December.

My FMLA has expired and I was on STD and now have gone into LTD.

Friday, November 14, the Hotel called to tell me that they were sending me a letter terminating my employment. This, within weeks of being released by my Doctor.
The Hotel had told me all along that they were going to keep my position open and hire a Temp. for the duration of my recovery. (which they had hired a Temp.)

Can they do this?
Do I have any recourse?

Thank You,

Chef Steve


I'm a Northern Girl
Can they do this? Yes.

Do I have any recourse? No.

On the day after your FMLA expired they were legally permitted to end your employment. While DC has a 16 week FMLA instead of the Federal 12 weeks, once that is over they have no further obligation to hold your job regardless of the legitimacy of the need for additional medical leave. It is a myth that you cannot be fired as long as you are collecting disabilty benefits.

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