Will my employer fire me while I am on disability?

Allan W. Ben, PC: The answer to this question lies within the summary plan description from your employer and/or applicable federal statutes. There are certain time frames that the employer has to hold open your job, but that does not last forever, and they routinely fire people on disability. Usually, this is not considered discrimination if they are firing you because you are not at work, rather than solely because of your disability. The distinction is very subtle and any determination of discrimination needs to be reviewed carefully by the attorney.

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