Fired Due to Doctor Approved Disability

In many situations, individuals learn of a medical condition that can limit the individual's ability to work. In order for the condition to be labeled as a disability, it must be medically documented as having a severe limitation on the individual's ability to function or perform in the workforce. Employer's and employee's rights vary from one state to the next, however, on how to deal with disability claims.

Reason Behind Termination

Individuals who feel the termination received was against the law in any way should contact an attorney to help prove this as the case. In situations where an employer is discriminatory in any way may be a situation punishable in a court of law. However, in claims of disability, it is important to consider the underlying reasoning and condition.

• If the individual received termination notices stating the individual violated any company rule or regulation, within the guidelines of state or federal law, he or she may be terminated. Employers must make these rules known to individuals before the individual begins working.
• If the employer terminated the employment specifically because of a doctor approved disability, he or she may be facing legal ramifications only if the employee is still able to perform his or her job or a related job with modifications.
• If an employee is out of work due to a disability, the employee can take the Family Medical Leave Act. In doing so, the employer must grant the employee at least 12 weeks of leave. The position must be kept available to the individual during that time, but no pay or compensation is given aside from that guarantee.
• If the 12 weeks of the Family Medical Leave Act expire and the employee is unable to come back to work, the employer can seek a new employee for the job, therefore terminating the individual's job.

It is important to note that there is no connection with collecting disability benefits and having a job that is unlimitedly protected for the individual. Employers are not required by any law to keep a job position open for the return of an employee, even when a doctor agrees that the condition is disabling.

Hiring an Attorney

Even with these stipulations, it is common for individuals to seek out legal advice and guidance when pursuing such claims. For those who feel they were fired illegally due to their physical or mental condition, an attorney can help the individual to prove his or her case. An attorney with experience in this field is the key to successfully winning the court case.