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i had to go on short term disability a month ago, and was teminated today still on std can they do that?

1 Answers. Asked on Feb 24th, 2017 on Labor and Employment - North Carolina
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Answered on Feb 25th, 2017 at 5:22 AM

Yes. Short or long term disability is simply an insurance payment to you when you cannot work. Being on short does not protect your job.  The only law that protects you job if you are unable to work is the Family and Medical Leave Act (FMLA).  Now, if you were terminated based on absences that are covered by the FMLA, that would be unlawful.  There are several requirements to be FMLA covered including, but not limited to, you employer must have 50 or more employees, you must have worked at least 12 months for the employer, you must have worked at least 1250 hours in the 12 months immmediately preceeding the leave and the termination must be due soley to the absence and not some other factor.

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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Labor and Employment
Labor and employment attorneys can help both employers and workers prevent, address and resolve a variety of issues related to the employer-employee relationship. Small business owners and managers should consult with employment lawyers when crafting employment policies (including those related to hiring, affirmative action, compensation, medical leave and sexual harassment); negotiating employment contracts, non-compete agreements and severance agreements; and resolving employment-related personnel disputes. Workers should talk to a labor and employment law firm before signing any job-related contracts and for help addressing issues related to discrimination, harassment, Americans with Disabilities Act (ADA) accommodations and Family and Medical Leave Act (FMLA) requests.
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