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3 Responses to “can an employer let an employee go if,the person goes on disability for a non work related injury?”
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Yes, they can. How long should the rest of the employees be punished because someone is out on a disability? Jobs are there because there is work to do. Yes its a hard line to take, but the person needs to be fair to the company too.
It depends. You have posted extremely limited information here, but it is enough to make me suspect that an employment discrimination attorney might be interested in hearing about your case. I would google for “employment lawyer” and wherever you live, and then contact about 5 different attorneys and see what they think. My guess is that one of them might be willing to work with you.
Good luck!
An employer can terminate an employee if they are on disability only; however the person on disability should have filed for FMLA coverage as well though and the two claims can run concurrently.
The FMLA would protect the person’s job while disabled (up to 12 weeks), and some states have their own coverage that could extend beyond the 12 weeks.
There are a lot of companies that let their disability and FMLA run concurrently, which is the way it is supposed to work. If the employee is still disabled once the 12 weeks of FMLA coverage runs out, they terminate the employee.
I hope this helps!
Good luck!