If you are out on STD can you be terminated?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you are out on STD can you be terminated?
I worked as a temp for a year and then was hired permanently on 01/18/11. I got very sick the next month and presented documentation that I was found to have Diabetes Type 2; they were trying to control my sugar since it was at 460. I called my manager everyday and even though she did not sound happy she was thankful I called to let her know how my health was. The doctor found more health issues but the more serious was Diabetes. When I returned my manager went over the paid time off policy for which 1 is not allowed to go over 48 hours. I used 42 and the rest was paid as STD. However, I was still was terminated. Is that legal?
Asked on March 22, 2011 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The key issue is WHY were you terminated. While you cannot generally be terminated for being disabled, or for using some protected leave (e.g. FMLA leave) or other protected right, being out on disability does not protect you from termination for unrelated reasons. Thus, someone on STD could lose their job due to a restructuring or downsizing; or because of performance issues or violations of company policy. What sometimes happens though is that real reason for termination is using leave or being disabled and the stated reason is just a pretext or excuse. If you think that is the case, then you should consult with an employment attorney who can evaluate your situation in detail. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.