Disability Insurance Benefits And ERISA Attorneys

Doing What’s Right For Greater Colorado
McDermott Law, Attorney

Disability Insurance Benefits And ERISA Attorneys

Doing What’s Right For Greater Colorado

Can you be fired while taking short-term disability?

| Dec 1, 2020 | Short-Term Disability Claims

Many people in Colorado are hesitant to go on short-term disability because they’re afraid that they’ll lose their job. While some people might tell you that you can’t be fired while you’re on leave, this isn’t actually true. Your employer can fire you from your job or switch you to a different position. However, there are laws in place to keep employers from firing people with disabilities.

Can you be fired if you go on short-term disability?

When you go on short-term disability, your employer is technically within their legal rights if they fire you. However, there are exceptions to this rule. Thanks to the Americans with Disability Act, or ADA, it’s much harder for employers to fire an employee with a legally recognized disability.

Before they fire you, your employer must attempt to accommodate your disability. If they fire you without offering accommodations, you might have a lawsuit on your hands. However, this doesn’t mean that your employer can’t fire you at all. If they’ve made reasonable accommodations and it’s still not working out, they can fire you without facing legal challenges.

If you don’t have a disability that’s recognized under the law, you won’t be eligible for this type of protection. Your employer can fire you while you’re on leave without breaking the law. For this reason, you might want to have a backup plan if you plan on taking short-term disability.

Should you hire an attorney if you get fired?

You might want to hire an attorney if you’ve been fired due to having a legally recognized disability. An attorney may evaluate your case and determine whether your former employer broke the law. If they did, your attorney may be able to help you hold your former employer accountable and draw public awareness to the issue.