Your long term disability benefits will replace a portion of your regular wages that you can no longer earn. Those benefits and your disability status will generally not prevent your employer from terminating your job. However, it becomes more complicated if your employer terminates you for an improper reason or at the wrong time during your disability application process.
Our long term disability attorneys at the law offices of Marc Whitehead & Associates represent clients throughout the United States in discriminatory employment termination actions. We fight tirelessly to get you the full amount of long term disability benefits and to prevent your employer from wrongfully terminating your employment while you collect those benefits.
Federal and State Laws Preclude the Improper Termination of Your Employment
Under the Federal Family and Medical Leave Act, an employer cannot terminate an eligible employee. They must grant them a 12-workweek leave to handle matters such as care of a newborn child, care for an ill or infirm spouse or parent, or a serious health condition that prevents the employee from working. The employer cannot use the excuse that the employee is receiving disability benefits during that leave as a justification to fire them.
Under the Americans with Disabilities Act, an employer must make reasonable accommodations to allow a disabled worker to perform the regular tasks associated with their job. An employer that fails to provide those accommodations and terminates a disabled employee can be sued under federal law. Different states have complementary laws that protect disabled employees from wrongful termination. Disabled employees whose job has been terminated should consult with a long term disability insurance attorney to determine their rights and possible remedies against their employers.
An Employer Cannot Terminate You Solely Because You Applied for Long Term Disability
Suppose your employer terminates you solely because you are seeking benefits under an employer-sponsored long term disability insurance plan. In that case, your employer may be violating the Employee Retirement Income Security Act of 1974 (ERISA). They may also be in violation of ERISA if they retaliate because you sought or were granted long term disability benefits. In all cases, consult with a long term disability lawyer for a full explanation of your rights and potential remedies against your employer.
Call the Law Offices of Marc Whitehead & Associates for a Free Consultation
We understand the complex interactions involved with applying for long term disability benefits. We protect employees against improper termination across the United States. Please call any of our Texas offices for a free consultation with a long term disability and employment rights lawyer about your right and opportunity to take action against an employer that has wrongfully terminated you.