QUESTION

Can you be terminated while on company disabilty? Also doesn't the company suppose to offer cobra at time of termination ?

Asked on Feb 02nd, 2017 on Labor and Employment - North Carolina
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
Yes, being out on disabilty does not protect your job.  If you are not able to work, the employer can lawfully terminate you unless you are FMLA covered (and even then you only get 12 weeks of FMLA leave) or potentially if leave from work is covered as a reasonable accommodation under the ADA. The employer (assuming it has 20 or more full time employees) is not required to offer COBRA at the time of termination.  The employer must provide notice to the health insurer within 30 days of an employee termination (including resignation) and the insurer must notify the employee of the COBRA options within 15 days.
Answered on Feb 04th, 2017 at 5:49 AM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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