Legal Question in Employment Law in New York
Terminated right before LTD kicks in
I am been a director at a large healthcare facility for several years, and became ill. I went out on FMLA, which turned into short term disability. It is now five months, and today I received a letter that my position has been terminated. Will I lose out on disability benefits now that have been paid by the company? As Director, I had a benefit to receive LTD after six months. Do I have any rights? This came out of left field! By the way, today is Feb. 11, and the letter, dated Feb. 2 says I was terminated in December!
1 Answer from Attorneys
Re: Terminated right before LTD kicks in
It sounds wrong. If the company followed the procedures of the FMLA, ie., ackowledging that you were on Family leave after asking for medical proof (as most do), then you have written proof that you were not discharged but were on leave.
If they did not ask for any medical proof and put nothing in writing, you should file a discrimination claim as soon as possible.
You have not provided enough information in your question for me to advise you further. If you are a Union member, speak to a representative about a
hearing.
Otherwise, since pension benfits are at issue among other things, you should contact the New York Division of Human Rights and the EEOC. A written complaint to the NYSDHR will also be forwarded to the EEOC.
If you wish to discuss this with me or have me review additional info please email me.
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