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Can my employer terminate me while I am on disability?

Cherry Hill, NJ |

I have been on disability leave since June 24th. My employer requested that I file for FMLA which I did and was approved. My doctor still has me on disability. I was told that if I didn't return on 9/17/09, I would be terminated. I did not return because I am still on disability. I have been with this company for 16 years, am I entitled to severence or compensation?

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Attorney answers 1


Any attorney would need more information to determine your rights. If you have exhausted your FMLA leave they are under no obligation to keep your position open. However, if they are terminating you solely because of your disability and have made no attempt to accomodate you, you may have a claim. I suggest you contact an employment law attorney in your area.

Dan Silverman 856-874-9090
Alan H. Schorr & Associates, P.C.
5 Split Rock Drive
Cherry Hill, NJ 08003

I am NOT your attorney. An attorney-client relationship has NOT been created. The above is NOT legal advice. If you are seeking legal advice, consult an attorney in your area.