Hi. I've been on short term disability for nearly 6 months. Can my manager terminate my employment for being on disability?

Asked 9 months ago - Seattle, WA

My manager has been asking me for my doctor's opinion with a note as to when I can come back to work. My doctor cannot give me a date because he says everyone heals differently and in a different time frame. So since I cannot give my manager a date, he wants to terminate my employment. I was then desperate to save my employment by contacting my doctor’s assistant. Although, she and the doctor knew that I was not ready to return to work, she received a note from my doctor that was signed stating I was ready to go back on July 1, 2014. I'm afraid that if I go back to work in my condition and not be able to sustain myself walking long distances that I may further injure myself. Even worst get terminated because I'm unable to perform my duties like before my injury occurred.

Attorney answers (3)

  1. 4

    Lawyers agree

    Answered . Ask your doctor for a specific description of your limitations. Then talk to your employer about a reasonable accommodation that recognizes these limitations. If the employer can accommodate they usually will. If this is a permanent disability that falls under the ADA there is more emphasis on accommodation.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more
  2. 1

    Lawyer agrees

    Answered . Failure to accommodate your physical limitations and terminating you is in violation of Washington's Laws Against Discrimination. You can, and should, sue to recover lost wages/fringe benefits.

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more
  3. 1

    Lawyer agrees

    Answered . I agree with both my colleagues. If your employer is a qualified employer under ADA, and if you are able to perform the essential functions with a reasonable accommodation, then your employer is likely liable. I recommend that you contact one of my two colleagues for a consultation.
    Best of luck

    NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as... more

Related Topics


Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Disability discrimination in the workplace

Disability discrimination in the workplace is the unfavorable treatment of workers with disabilities, including failure to provide reasonable accommodations.

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