If I got laid off work after 16 years while I was on short term disability?
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If I got laid off work after 16 years while I was on short term disability?
I am 50 years old and an Indian. The company did give me 6 months of short term disability and will probably also give me a decent severance package. My question is that is it legal for them to have laid me off while I was on short term disability. They also interviewed me during this time for a job in another state. They did the technical interview the very next day after my 2nd of 3 surgeries. I was taking a lot of pain killers and Valium to cope with the pain and suffering. The company was not ready to delay that interview. I was so groggy and confused that the interview lasted only 5 minutes. no need for a technical interview after 16 years of employment.
Asked on August 24, 2015 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The answer depends on "why" you are being laid off. They cannot terminate your employment because of your condition or disability, because you used or received benefits to which you are legally entitled, or, for that matter, due to your age or race. On the other hand, being on disability does not mean that you cannot be laid off for valid, neutral, non-discriminatory and -retaliatory reasons, such as restructuring your unit, moving your unit, downsizing for financial reasons, etc. Businesses may make business decisions and act in them even if it affects an employee who is on disability.
If you feel there was no such neutral reason and you were terminated against or retaliated against due to race, age, or disability, you should speak with an employment law attorney to explore your rights.
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