QUESTION
My husband has been informed that he may be terminated from his job because he didn''t return from disability leave.
Asked on Jun 21st, 2012 on Labor and Employment - Illinois
More details to this question:
He wasn''t informed that the disability was denied until he called about his check. The company that handles the claims said the doctor didn''t give them enough information to continue his disability. He has been off since April. They said his claim had been denied 9 days prior to his call to them. Now they say they may fire him because he didn''t return to work then. But he was never officially informed.
1 ANSWER
4 Awards
He should immediately inform the company in writing that he never had prior notice from the disability carrier that his request was denied. There would have to be a letter from that company to your husband noting the denial decision. Without that letter, the employer cannot argue he should have returned to work sooner.
The second thing that you should do immediately is to meet with an attorney to review this matter. In the meantime, try to obtain copies from your doctor of any reports or responses he gave to the disability company to support your position. The attorney will want to see these documents to determine if your doctor provided what is needed, or if the disability company is being overly strict. He should also determine from his doctor whether the doctor still feels he is disabled or able to return to work
Answered on Jun 21st, 2012 at 1:58 PM