Legal Question in Employment Law in Florida

Re: Resign before getting disability

I would recommend NOT resigning without first checking if it impacts your eligibility to receive disability benefits.

Re: Resign before getting disability

You don't give much info, so here are some generalities. The first issue is whether you want to leave the company or not? If yes, then you can consider whether resigning or being terminated is best. The question is how each impacts your rights? Will either affect your right to collect LTD? Accrued vacation? Any extendded health benefits the employer may offer? You need to check the LTD and company policies to get the answers, or ask HR for the policies. (Don't trust their advice - read it for yourself.)

If you resign, you probably can't get unemployment insurance, but you can if you are fired for health reasons.

In either case, you will be eligible to continue your same health insurance but must pay for it under COBRA. (The employer can charge up to 102% of the premium.)

If you do not want to leave the company, then the issue is when can you return to work and what will you be able to do? Depending on the health issue, you may be protected by the FMLA (up to 12 weeks of unpaid leave with a guaranteed return to the same or equivalent job, assuming both you and the company come under the law), or reasonable accommodation under the ADA (not for temporary conditions).

So, if your company is forcing you out, you should demand your rights (diplomatically but firmly), under the LTD policy, the FMLA and ADA, and see what they say. If you wind up needing a lawyer, feel free to email to me directly. If you feel you are being discriminated against, you can also file an FMLA claim for free with the US Dept. of Labor, and a disability discrimination claim for free with the EEOC.

Jeff Sheldon

The Sheldon Law Firm

[email protected]

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.