Legal Question in Employment Law in Washington

I filed a STD claim and am laid off the day after

I filed a short term disability claim yesterday morning and requested a personal leave of abscense since I have not been employed there yet for 12 months. My company, knowing that I filed it, has laid me off today due to cutbacks and have denied my request for leave and state that I am no longer considered their employee. Am I still eligible for STD compensation? Am I still considered an employee, but in limbo until the claim has been reviewed? Have they violated any of my rights? Thank you!


Asked on 11/22/02, 10:59 pm

1 Answer from Attorneys

Stephen Teller Stephen A. Teller, Attorney at Law

Re: I filed a STD claim and am laid off the day after

I do not know the answer to the question of whether you are still eligible for STD benefits if terminated as you are in process of applying. I recommend attorney Jim Oswald (206) 264-8558 for that question.

There is not enough information here to know if you have a discrimination claim on the basis of disability. It is likely that picking you for layoff because you needed a temporary leave of absence is illegal, but that depends on the length of the leave and other factors. Go ahead and give me a call to discuss it, or e-mail me directly.

Stephen Teller

[email protected]

(206) 324-8969

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Answered on 11/25/02, 2:31 pm


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