posted
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.............
-------------------- Oct 09 Positive CDC Western Blot Jan 10 Positive Babesia Duncani Jan 10 Cd57 28 Mar 10 EBV, IgM, IgG HHV-6 IgG Posts: 739 | From NC | Registered: Oct 2009
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seekhelp
Frequent Contributor (5K+ posts)
Member # 15067
posted
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.
Posts: 7545 | From The 5th Dimension - The Twilight Zone | Registered: Mar 2008
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littlebit27
Frequent Contributor (1K+ posts)
Member # 24477
posted
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........
-------------------- Oct 09 Positive CDC Western Blot Jan 10 Positive Babesia Duncani Jan 10 Cd57 28 Mar 10 EBV, IgM, IgG HHV-6 IgG Posts: 739 | From NC | Registered: Oct 2009
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cantgiveupyet
Frequent Contributor (1K+ posts)
Member # 8165
posted
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?
-------------------- "Say it straight simple and with a smile."
"Thus the task is, not so much to see what no one has seen yet, But to think what nobody has thought yet, About what everybody sees."
-Schopenhauer
pos babs, bart, igenex WB igm/igg Posts: 3156 | From Lyme limbo | Registered: Oct 2005
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-------------------- Oct 09 Positive CDC Western Blot Jan 10 Positive Babesia Duncani Jan 10 Cd57 28 Mar 10 EBV, IgM, IgG HHV-6 IgG Posts: 739 | From NC | Registered: Oct 2009
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METALLlC BLUE
Frequent Contributor (1K+ posts)
Member # 6628
posted
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.
-------------------- I am not a physician, so do your own research to confirm any ideas given and then speak with a health care provider you trust.
-------------------- Oct 09 Positive CDC Western Blot Jan 10 Positive Babesia Duncani Jan 10 Cd57 28 Mar 10 EBV, IgM, IgG HHV-6 IgG Posts: 739 | From NC | Registered: Oct 2009
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sutherngrl
Frequent Contributor (1K+ posts)
Member # 16270
posted
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.
Posts: 4035 | From Mississippi | Registered: Jul 2008
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