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

Asked 6 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. James Edwin Jackson

    Pro

    Contributor Level 9

    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. Nicholas G Smith

    Contributor Level 10

    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. Randy Jay Harvey

    Pro

    Contributor Level 16

    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

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