Terminated while request for short term disability is pending

[Eddie.James]

I live in Oklahoma city. I submitted a claim for short-term disability and the representative I spoke with explained the process to you and stated my claim will have to be reviewed and a decision made upon submission of medical documents. My reason for my STD claim was due to worsening keratoconus, which is an incurable eye disease that affects the cornea, causes blurry vision and could lead to blindness if not treated. This eye defect has been affecting my vision, causing blurry vision, teary eyes and sensitivity to light. An optometrist referred to a clinic and it was recommended that I undergo Corneal Cross Linking and the opthalmologist also recommended January 2019 as my return to work date, thus my STD claim would have to last from October 15, 2018 to January 15, 2019.

However, an HR personnel from my job called me and later sent me a termination letter on grounds that they cannot keep my position until return to work date of January 2019. They also stated that my termination does not prevent me from receiving my STD benefits. My STD claim was denied after i received my termination letter and I have filed an appeal, providing all medical documents obtained from the clinic where I did the corneal surgeries.

Do I have a case of wrongful termination, given that my employer terminated my employment while I was on a pending STD claim? I have substantial medical documents, doctor's notes and sworn statements from the eye surgeons regarding my temporary inability to perform my duties as a result of the disease on my eyes. Is it reasonable to look for an employment lawyer and sue my former employer? Keep in mind that I was not eligible for FMLA because I had worked for the company for 4 months prior to my termination.

 

[PayrollHRGuy]

No, the protection you would receive from being terminated due to a medical condition would be FMLA. You have said you A) don't qualify for FMLA and B) can't perform your duties at work. Do you expect the employer to keep writing you a check while an insurance company or the SSA decide something?

If it is an insurance-based STD policy I would have a lawyer look at the policy. If it is SSDI get a lawyer to deal with them.

 

[cbg]

STD benefits do not provide job protection. Only FMLA provides job protection. This is not a wrongful termination situation. You have no grounds on which to sue.

 

[Chyvan]

File for unemployment.

 

[PayrollHRGuy]

File for unemployment.

Which the OP won't receive if they are not able and willing to work.

 

[Chyvan]

recommended January 2019 as my return to work date,

He has a return to work date. It's not that far in the future. If he applies now, then he prevents a quarter of wages from aging away. He'll still have plenty of time to collect before his claim expires. While he may not collect now, he'll be able to reopen the claim, the separation will have already been adjudicated, and then he can start his job search.

It's also possible that his current health issues only prevent him from doing THIS job. He might be able and available for a different occupation, and can collect now while he's looking for that new type of work.