UrbanBaby

07.09.08, 12:43 PM General Topics
15 replies

Is it legal for a company to lay you off while you are on short-term disability for health reasons? [ Reply | Watch | Flag ]
General Topics 07.09.08, 12:43 PM Flag

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i think if they are laying you off for reasons that have nothing to do with your disability, then yes. say they close your department, or company wide layoffs, or you are fired for cause that's "discovered" while you are on leave. [ Reply | More

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General Topics 07.09.08, 12:45 PM Flag

this happened to a friend (not to me). think it was company-wide layoffs. so, is there anything she can do or does she just have to accept whatever benefits they offer? [ Reply | More

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General Topics 07.09.08, 12:47 PM Flag

In the current economy, with many companies doing massive RIFs, she's probably not going to get anywhere by making a stink. If her employer is laying off half her department, she's not going to have a legal case. [ Reply | More

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General Topics 07.09.08, 12:50 PM Flag

or: ita. [ Reply | More

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General Topics 07.09.08, 12:52 PM Flag

thanks. it's helpful to know whether or not it's legal/actionable in any way. it's just a terrible situation all around. hope things get better for her soon. [ Reply | More

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General Topics 07.09.08, 12:52 PM Flag

It all depends if she can prove they chose her because of disability. Is she on maternity leave? I would advise her to get a lawyer and at least try to negotiate a better severance package. [ Reply | More

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General Topics 07.09.08, 12:54 PM Flag

She's not on maternity leave -- they found a tumor and she went on disability leave about a month ago. I'm assuming this would be a labor lawyer, right? [ Reply | More

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General Topics 07.09.08, 12:55 PM Flag

Employment lawyer. She can call the NY bar, I think, to find one. [ Reply | More

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General Topics 07.09.08, 12:59 PM Flag

^^^even if she doesn't have a legal case, they may be worried enough to give her a bit more. [ Reply | More

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General Topics 07.09.08, 12:56 PM Flag

op here: thanks for the advice! [ Reply | More

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General Topics 07.09.08, 12:58 PM Flag

OR: FYI, when I did this (I was on maternity leave and laid off), the lawyer cost me about $5K, but I did end up getting a lot more severance than I would have otherwise. [ Reply | More

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General Topics 07.09.08, 12:59 PM Flag

can you recommend your lawyer? Or did they just specialize in claims related to maternity leave? tia [ Reply | More

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General Topics 07.09.08, 01:05 PM Flag

or, before you even speak to a lawyer she should just talk to her former manager and see what he can do for me. I was laid off once and I was able to get a bigger severance package through my former boss who worked this out for me. [ Reply | More

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General Topics 07.09.08, 01:07 PM Flag

what he can do for HER (not me, of course) [ Reply | More

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General Topics 07.09.08, 01:08 PM Flag

thanks for that advice. I think she had a great relationship with her boss, so maybe this will help. [ Reply | More

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General Topics 07.09.08, 01:08 PM Flag