Legal Question in Employment Law in Maryland
terminated while on disabilty
my wife was termintaed while on disabilty. she was scheduled to return to work this last monday. her supervisor called and told her the friday before that her position was being terminated to be reposted. is this legal? she has been on disabilty since sept. 2002.
1 Answer from Attorneys
Re: terminated while on disabilty
Much more information is needed before determining whether the discharge is illegal. There are state and federal laws, including the Americans with Disabilities Act, that prohibit disability discrimination. But there are a variety of factors to consider before determining whether your wife is protected by these laws.
Please feel free to call me for a free consultation to review the matter. Even if you do not want or need an attorney, I would be happy to discuss the matter and point you in the right direction.
If you do not want to do that, you can either: repost your question with much more information (what is the disability, can your wife work at all, if not, when can she return, does she require accommodation, is she on workers' comp., what kind of disability insurance is she on, what has the employer done for her so far, what if anything are they willing to do, how many employees do they have, has she been out on FMLA leave, what reason was she given for the discharge, what was her position, how long was she employed, just for starters); or
file a claim with the EEOC (in Baltimore) or your county Human Rights Commission (for example, P.G., Montgomery and Howard all have Commissions). This is free, and they can tell you whether your wife has a viable claim.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.