Legal Question in Medical Leave in Florida

Termination while on Short Term Disability

Is is legal to terminate a person while they are on an approved Short Term Disability? The employer has over 200 employees. What are my options? Can I sue under ERISA. I have had a kidney transplant, with some recent complications, resulting in Short Term Disability---four STDs in about 18 months. I was less than 5 years from receiving my retirement and health benefits. I have been with this company for over 11+ years.


Asked on 4/28/01, 1:18 pm

1 Answer from Attorneys
Frank Shooster Shooster Kahn & Kleinman, P.A.

Re: Termination while on Short Term Disability

You may have a claim under ERISA or FMLA. It depends on the reason for termination and how much time has elapsed, among other factors. If there was a mass layoff and you would have been laid off anyway, they probably have a valid defense.

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Answered on 6/18/01, 7:55 pm


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