Legal Question in Disability Law in Ohio

Can you be terminated while on disability when they have not filled your positio

I am 24 years old and have recently undergone some knee surgeries. My last surgery in April was quite extensive and has required me to be on disability for quite some time. I was at one point in time under the Family medical leave act until I was granted short term disability. I spent six months on short term disability and was recently given the go ahead from my doctor to return on restrictions. My employer expressed how they were looking forward to me coming back and so on. I dropped off my paperwork and so on and then two days later I received a letter from them saying that they had terminated my employment. In about another month i was going to be able to return under no restrictions and in the mean time i was being approved for long term disability to continue until I could fully return. Can they legally terminate me while on disability or does this fall under ''retaliation; for taking a medical leave'' Please give me some advice as I am out of a job and medical benefits that I need in order to continue my treatment for this surgery. Thank you!


Asked on 8/09/04, 1:09 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Can you be terminated while on disability when they have not filled your pos

This may be retaliation under either the ADA or FMLA. There are problems with your case under either scenario, but what is key is proving that the reason the employer stated as the reason for your separation is untrue. Your posting does not list any reason for the adverse action, so it is impossible to evaluate.

If you would like to discuss this matter further, you can either contact a local attorney experienced in employment law or contact me at [email protected].

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Answered on 8/09/04, 3:18 pm


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