Legal Question in Employment Law in Pennsylvania
On short term disability and position eliminated
My husband is on short term disability for having bilateral hip surgery 6 weeks ago. When he called to communicate about his date to return to work the owner told him he does not have a position there any longer and hung up on him. Don't they have to give him written notification as well as either lay him off or fire him which would make him eligible for unemployment once his doctor releases him.
1 Answer from Attorneys
Re: On short term disability and position eliminated
You asked about returning from short term disability leave.
Employers dealing with employees with medical issues must tread very carefully. Your husband may be covered by the Family Medical Leave Act, the Americans with Disabilities Act or other state or federal laws. These laws provide specific rights for persons in certain classes and often an employer is limited from taking ANY adverse action related to the underlying condition.
Your husband should speak with an attorney immediately to determine what rights are implicated and what his options are. The statute of limitations in many discrimination matters is very short and these affect the time in which a person may bring a claim.
Regards,
Roger
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