Short Term Disability

[kylady]

What is the name of your state? Kentucky
I was wrongfully terminated from my job. I was about to have surgery the week after i was wrongfully terminated. My short term disability papers were approved, signed and dated. Can the employer revoke my std benefits even though they were already approved, signed and dated?

 

[pattytx]

This is strictly a function of your policy. Have you contacted the provider?

 

[ecmst12]

Why do you think you were "wrongfully" terminated? That does not mean what people usually think it means. If you believe you were terminated BECAUSE of your upcoming surgery, then you may be right and you should contact the EEOC and/or DOL. Otherwise, your termination was probably legal and you are not entitled to any benefits from a job you no longer have.

 

[moburkes]

But, if the STD policy ends at the end of the month, OP might still be able to get the disability pay.

 

[Betty]

What reason were you given for your termination? Was it because of your upcoming surgery? Did you qualify for FMLA - they can't terminate you for requesting/taking time off under FMLA unless you would have been terminated even if you weren't on FMLA. STD can run concurrent with FMLA (FMLA offers job protection -STD doesn't)

 

[cbg]

It is not necessarily a wrongful termination to term you WHILE you are awaiting surgery.

Depending on the exact circumstances, it MAY be illegal to term you BECAUSE you are awaiting surgery.

Depending on the nature of the surgery, the STD benefits may or may not still apply. It will depend on the wording of the policy.

 

[kylady]

I am in Kentucky. I was terminated for quality. When I asked for the documents to support my termination, they could only provide me with my evaluations. And all my evaluations were good. My fmla and std was approved July 13. The human resource manager kept asking me how long would I be out and i told her I was not sure. Once I recieved the papers back from my doctor and i turned them in about a week later i was terminated. What i was terminated for was not correct.

 

[moburkes]

I am in Kentucky. I was terminated for quality. When I asked for the documents to support my termination, they could only provide me with my evaluations. And all my evaluations were good. My fmla and std was approved July 13. The human resource manager kept asking me how long would I be out and i told her I was not sure. Once I recieved the papers back from my doctor and i turned them in about a week later i was terminated. What i was terminated for was not correct.

Your past evaluations don't mean that your quality did not deteriorate in the mean time. Be sure to apply for unemployment.

 

[kylady]

My quality didn't go down.

 

[moburkes]

My quality didn't go down.

Okay. You'll be able to prove that when you sue. Be prepared.