Re: fired after brain surgury

More | Report Post

On 8/30/06, Judi wrote:
> Been with company 15 years. Had brain surgury in february
> for an aneurysm. Had done everything the company
> requested and used all of vacation, acrued sick, short
> term disability and now on approved long term disability
> which had been approved prior to termination. Company is
> based in california and i work in texas. I was the sole
> employee in texas. Is it legal for them to fire an
> employee while they are on long term disability? Can I
> collect unemployment while on long term disability after
> having been fired? I had a pension at this company, is it
> still mine or not? I am under the care of a neurologist
> and he says i am not ready due to constant headaches and
> depression etc. Please help in anyway. Thank you.

The maximum amount of leave time your employer had to extend
to you was 12 weeks (assuming the FMLA even applies.) If
you were unable to return to work before 12 weeks had
expired, they were free to terminate your employment. The
fact that you are receiving benefits through the company's
short-term and then long-term disability insurance carriers
is irrelevant.

No, you cannot receive unemployment benefits while you are
collecting disability benefits. One of the basic
requirements for UC is that the claimant be available and
able to work. If you are medically disabled, then you can't
work.

As to your pension plan, you will have to discuss that with
your employer. Nobody other than your employer would know
what type of retirement plan it is and what benefits you are
entitled to.