Worked here for 3 years, huge asset to this terminal then August 2014 got a new terminal manager. he does NOT like me because I am a woman who is very smart and was the right hand man to my previous terminal manager. I have never done anything that would constitute being fired for. Now I am having a second back surgery in a week, possible neck, could be out 3 - 6 months at least depending. I do all the important things here AP/AR, CC's, sub contractor payments, & happen to be the only one here that knows how to do any of it. Worried new manager will be shady & find a way to fire me.. can he do this? if so, what for- what are the terms and if I am fired on STD then do they take the STD away from me? ( as in I would be trying to heal with no pay)??? PLEASE HELP
If you could not do your job, it is possible that you could be legally terminated. You have several issues going here, including whether you could have filed for Family and Medical Leave and whether your company has any termination procedures. I cannot address those because I do not have enough information, but just because you are on Short Term Disability does not stop an employer from firing you. I encourage you to contact an employment law attorney in your area.
You seem to be asking a question about something that might happen rather than something that has happened. Planning and knowledge are always a good idea, but only some of the issues can be addressed at this time. First you need to review your employment contract concerning medical leave and termination. You need to review your situation to see if Family and Medical leave applies to your situation and what needs to be done. Short term disability is normally provided through a third party contract, the STD contract needs to be reviewed concerning length of benefits and termination of benefits. An attorney can assist you in reviewing all of these issues. You should expect to pay the attorney for the attorney's time in reviewing and advising you. If you are terminated then you need to contact, as soon as possible an attorney that represents employees in employment disputes. There are a number of potential issues that would need to be considered if you are terminated including illegal discrimination based on disability and sex. Hopefully this will all work out for you.
The information that I am providing is general information based on my understanding of your question. You cannot and should not rely on this general advice in making legal decisions. There may be important information that you did not include in your question that could drastically change the advice an attorney that was fully informed would give you. I am not your attorney. My response does not create an attorney client relationship.
Your STD is not affected by when/how you are fired, provided that when you apply for it, you had a policy. As long as the policy was in effect on your last day worked, you are entitled to use it.
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