QUESTION
Can I be fired while on leave before disability benefits are due to be paid out?
Asked on Aug 22nd, 2011 on Employment Contracts - Minnesota
More details to this question:
I have been off work for 5 weeks due to pregnancy complications. Unfortunately I have not been there long enough for FMLA, however my work does offer a short term disability benefit. I have handed in all the forms and the insurance company has reviewed my claim. The insurance company called me today to let me know that they have approved my claim for up to 8/27 based on the results of my upcoming doctor''s appointment. On top of all of this I have remained in communication with my employer on a weekly (actually more often) basis. Today I emailed the HR representative that I have been working with to let them know that Assurant called me and stated they approved my claim and would be contacting him in the next couple days, and then I asked if I should expect my benefits to paid out on the next check. Hours later the response I received was an e-mail with a notice of employment termination, and after contacting the Rep I was informed that they were not going to pay out the benefits.
1 ANSWER
William/J Joanis
It is not possible to be certain if you have a claim, even though you have provided a very good synopsis of your situation. The payment of the disability benefits is only indirectly an issue, and the FMLA is, as you note, is not involved at all. However, there may be an ADA or other claim under Minnesota law. What has happened here sounds just wrong. I'd avoid going to someone that will charge you just to listen to more of your case, read the e-mails, etc. Find a firm, like ours, that does not charge for the initial evaluation of employment law claims.
Answered on Sep 04th, 2011 at 9:09 PM