If i am out from my job on long term disability.....can they fire me???.................think it may be coming but just wondered if they can do that while on LTD.......anybody know.............
Posted by seekhelp (Member # 15067) on :
Sure, once you're on LTD, you're on an official leave of absence. Some employers have a policy someone can be on LOA for 3 months, 6 months, etc. After this, you're no longer an 'employee' for practical purposes and no employer/employee relationship exists. You need to review your company handbook if one exists.
Most times, it's an at-will employment situation anyways so anything can happen. Usually one has exhausted FMLA by the time they hit LTD so you're in a bad place.
Posted by littlebit27 (Member # 24477) on :
There's the info about the FMLA, it says 12 weeks of un-paid leave.
Posted by Florence1 (Member # 22960) on :
i am out of fmla...been off since september....and still not able to go to work.........just wondered if they can fire you while on LTD...and secondly does your LTD payments continue if your fired........
Posted by cantgiveupyet (Member # 8165) on :
they can fire you if you are out on LTD, however your benefits will continue if you are fired.
Do you know if your plan is an ERISA plan?
just a word of caution LTD companies are ruthless... and will do anything to get you off of claim... make sure your Doctors are properly documenting why you cannot work.. and I would even suggest looking into one of the top LTD ERISA attorneys to ask them about your claim.
when did you transfer from short term to LTD?
Posted by Florence1 (Member # 22960) on :
march......
Posted by METALLlC BLUE (Member # 6628) on :
Mostly they'll just lay you off with some excuse about your position being moved-changed-obsolete, yada, yada.
And yes, LTD companies are pricks and will lie, cheat, and kill puppies and unicorns to kill your claim (drop you).
Unum Provident raked me over the coals and then stalked me and threatened me. You should have seen it. You'd never believe what they did. The worst part is that you can't prove 99% of the **** they pull to screw you.
Posted by Florence1 (Member # 22960) on :
what a mess............thanks all.....
Posted by sutherngrl (Member # 16270) on :
When on LTD you have a certain amount of time. Every company has their own policy concerning the amount of time. It could be 3 months, could be 1 year. Once that time is up, you are no longer an employee.
You can call HR office and get that information.
As long as you return before that time is up, they have to secure you a job, not neccessarily the same job you had when you went on disability.