Legal Question in Disability Law in Virginia

STD/Wrongful Termination

I was on STD while working for a state agency. After 3 mos. I tried to return to work, but could not. I went back on STD and furnished my employer with my Dr's. notice stating I was on med. leave until after his reevaluation on 9/15. Also, on 8/16 I was determined disabled by a separate physician and notified my employer of this finding too. On 8/30 my employer terminated me for job abandonment. I filed w/EEOC and got a Right To Sue Ltr. for accommodation discrimination, but appealed due to non-consideration of wrongful termination. A phone call from the EEOC informed me that they do not handle this area. Can the employer fire me for job abandonment, knowing full well I was on disab. and after being advised I would not return to work until 9/15?


Asked on 2/24/08, 8:22 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: STD/Wrongful Termination

Very likely so, unless you were working under the protection of a contract or collective bargaining type of agreement.

You would be better advised to pursue your employer's alleged failure to accommodate angle for which you were issued the right to sue letter by the EEOC.

Read more
Answered on 2/25/08, 6:08 am


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in Virginia