Dealing with a long-term disability is a challenging situation. You’re juggling finances and worrying about keeping your job. It’s not just about money; it’s about finding that balance between health and job security.

So what happens when an employee goes on a long-term disability? When you’re on long-term disability, you’re not just dealing with a financial gap and medical bills. There’s that added concern about job security—the worry about whether your job will still be there for you. Long-term disability provides financial support for individuals unable to work due to illness or injury, but does this protection extend to job security?

Open and honest communication matters in this situation. Regular and transparent communication from your employer about the company’s stance on job security during long-term disability or flexible work arrangements like part-time schedules or a gradual return to the job can help answer your concerns. You may also review the company’s job guarantee policies. 

In this discussion, we will cover the legalities surrounding the termination of employees on long-term disability, your rights, and remedies available to those facing such a situation.

Understanding Long-term Disability Rights

The first thing you should do is review your long-term disability policy to understand your rights and entitlements. Look for clauses that outline the circumstances under which your benefits may be terminated. Although being terminated while on long-term disability doesn’t automatically mean you lose your disability benefits.

Next, familiarize yourself with the applicable laws and regulations that protect your rights as a person with a disability. The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 are two key pieces of legislation that protect against discrimination based on disability.

These laws require employers to provide reasonable accommodations to employees with disabilities and prohibit employers from terminating employees solely because of their disability. Aside from the law itself, disability attorney David Gantt believes that a legal professional specializing in advocating for individuals with disabilities can help them secure the benefits and accommodations they deserve under the law.

Take note to gather all relevant documentation related to your long-term disability claim. This includes medical records, correspondence with your employer and insurance company, and any other supporting evidence. Having a comprehensive record of your disability and the events leading up to your termination will be invaluable if you need to pursue legal action.

Legal Protections for Employees on Disability

Various legal safeguards that protect their rights and stop discrimination are in place for employees with disabilities. These protections are put in place so individuals with disabilities are treated fairly and aren’t subjected to unfair treatment or termination based solely on their disability status.

One of the primary legal protections for employees with disabilities is the Americans with Disabilities Act (ADA). Under the ADA, employers are prohibited from discriminating against individuals with disabilities in all aspects of employment, including hiring, firing, promotions, and benefits. The ADA also requires employers to provide reasonable accommodations to employees with disabilities, as long as they don’t cause undue hardship to the employer.

Another legal protection is the Family and Medical Leave Act (FMLA). This act allows eligible employees to take unpaid, job-protected leave for medical reasons, including disability. The FMLA provides up to 12 weeks of leave in 12 months and requires employers to maintain the employee’s health benefits during the leave.

There’s also the Equal Employment Opportunity Commission (EEOC), which enforces federal laws that prohibit employment discrimination based on disability. Employees who believe they’ve been discriminated against can file a complaint with the EEOC, which may investigate and take legal action if necessary.

Employer Authority in Terminating Disabled Employees

Employers hold the authority to terminate disabled employees based on legitimate reasons, as long as it doesn’t violate any legal protections or discriminate against their disability status. Yet they can’t terminate employees solely because of their disability.

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities in all aspects of employment, including termination. This means that employers must have a valid, non-discriminatory reason for terminating a disabled employee.

To comply with the ADA, employers should engage in an interactive process with the employee to explore reasonable accommodations that could enable them to perform their job duties effectively. If a disabled employee is unable to perform the essential functions of their job, even with reasonable accommodations, termination may be a valid option. Employers must also consider whether any other job positions are available that the disabled employee could perform.

Employers have to document the reasons for termination and maintain clear records of the interactive process and any accommodations considered or provided. This documentation can serve as evidence that the termination was based on legitimate reasons and not due to the employee’s disability.

Potential Legal Remedies for Wrongful Termination

If you believe you have been wrongfully terminated due to your disability, there are potential legal remedies available to you. Start by knowing your rights and options to take appropriate action.

Filing a complaint with the Equal Employment Opportunity Commission (EEOC): The EEOC investigates claims of discrimination, including disability discrimination, in the workplace. You can file a complaint with the EEOC within 180 days of the alleged discriminatory action. If the EEOC finds that you have a valid claim, they may pursue legal action on your behalf or issue you a ‘right to sue’ letter, allowing you to file a lawsuit.

Consult with an employment attorney. They specialize in disability discrimination cases. They can assess the strength of your case and guide you through the legal process. If your state has laws providing additional protections for disabled employees, you may also have the option to file a complaint with your state’s Fair Employment Practices Agency.

To support your claim, you have to gather any evidence of discrimination, such as emails, performance evaluations, or witness statements. Remember, every case is unique, so consult with a legal professional to fully understand your rights and the best course of action for your situation.

The Legal Landscape for Terminated Employees

Being terminated from your job can be a stressful and confusing experience, but don’t forget that you have legal protections in place.

The first step is to familiarize yourself with the employment laws in your jurisdiction. Each country and state may have different laws regarding wrongful termination, discrimination, and breach of contract. These laws will help you determine whether your termination was lawful or if there are grounds for legal action.

Once you have a clear understanding of your rights, it’s advisable to seek legal counsel. An experienced employment lawyer can guide you through the process and help you determine the best course of action. They can review your employment contract, gather evidence, and advise you on whether you have a strong case for wrongful termination.

Aside from seeking legal advice, you may also consider alternative dispute resolution methods, such as mediation or arbitration. These methods can help you resolve the issue without going to court, saving you time and money.

Conclusion

While being on long-term disability does provide some legal protections for employees, employers still have the authority to terminate disabled employees under certain circumstances. 

If an employee believes they’ve been wrongfully terminated, there may be potential legal remedies available to them. Terminated employees need to have a grasp of the complex legal landscape and seek appropriate legal advice to understand their rights and options.