Legal Question in Employment Law in Pennsylvania

Wrongful employment termination

I'm currently on short term disability and was just terminated yesterday after 12 weeks of disability. My disability will continue for another 12 weeks but I now have no job. Aren't they supposed to hold my job for 26 weeks? And their trying to cut off my medical insurance - said I need to go with COBRA. Shouldn't my medical benefits last until my disabilty is over? Please let me know if this is legal. Thank you for your help with this problem. I really appreciate it Have a good day.


Asked on 8/01/07, 8:29 pm

1 Answer from Attorneys

Maxwell S. Kennerly The Beasley Firm

Re: Wrongful employment termination

That's a complicated question. Initially, you may be confusing your group benefits (which are frequently 26 weeks) with the legally-required workers' compensation (which covers on-the-job injuries) and the Family Medical Leave Act, which allows you to take 12 weeks off unpaid.

You're likely an "at will" employee, which means your employer can fire you for almost any reason, but not any reason. For example, if your employer is a large enough company, they can't fire you for taking your 12 weeks FMLA -- which is what I suspect they may have done based on the little bit you wrote.

In other words, you need an attorney to review your employment contact (if any), your group benefits, and to see if the FMLA or anti-discrimination acts apply to your situation. You can contact me about it, or you can call your local county Bar Association (or the Pennsylvania Bar Association) for a referral to an employment / labor attorney.

* Please understand this post is not professional legal advice, it is part of a general public discussion. For a professional review, you should formally retain a licensed attorney who can thoroughly investigate the facts and the law specific to your situation. Please also know that it is always recommended you find an attorney as soon as possible; time limits are very important and can affect your legal rights. *

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Answered on 8/01/07, 10:29 pm


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