Legal Question in Employment Law in Illinois

Short Term Disability and Termination

Hello. I have been on short term disability with my company for about 12 weeks. I received a letter two days ago that was sent four days prior. The letter, dated two days prior to the date it was sent, informed me that I was terminated from employment eleven days prior to the date on the letter. I did not think that I could be terminated while on short term disability or long term disability. Can I? I looked in the employee manual and termination was not listed as a reason for the stopping of these benefits. Also, does this fall under ERISA? I read a case (www.ctd.uscourts.gov/Opinions/022002.JBA.Stoltz.pdf) that gave me some information. Any help or insight is appreciated.


Asked on 1/10/03, 12:12 am

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Short Term Disability and Termination

Yes, you have a potential claim against your employer, either for discrimination under the Americans with Disabilities Act or breach of contract (or both). A review of of the company's policies & handbook, if any, along with other relevant documentation is in order.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC could only be obtained by the execution of a formal retention agreement.

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Answered on 1/10/03, 11:20 am


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