Can They Fire You While You’re Out on Disability?
Question by Amber: Can they fire you while you’re out on disability?
I’ve been out on disability for three weeks attending outpatient alcohol rehab. I’m 21 days sober. I never have drank on the job or before work. I told my supv about six weeks ago that I was going to go to alcohol rehab. While I was out on disability, I accidentally received a emailed memo that was meant to go to my supv from my manager, but went to me by mistake. It cites many reasons why my job performance is terrible. The write up was dated 7/19, the day before I went out on disability, but the writeup wasn’t actually composed until 7/20, when I went out on disability. If they find mistakes on my work, can they then fire me, without me coming back to work, while I’m out on disability? Thank you.
Best answer:
Answer by Tashi
That’s the trick they use. They try to find all these things that you did “unsatisfactory” (all of a sudden). These are usually situations where they never complained before. I saw this happen to a close friend recently. They can’t fire you for being sick but they’ll seek out things that give them a “legitimate” reason to let you go. I don’t know why they aren’t held accountable when its obvious that they only decided on this around the time you left. Keep the email and if necessary, contact the EEOC (Equal Employment Opportunity Commission – or whatever they may call it in your city/state). They will give you more advice.
Answer by lcr000
Disability does not protect your job only FMLA does that, they can use any reason to let you go or no reason.