While working for a company I had to have a hip replacement (not work related) and went on short term disability. I received a return to work note from my doctor with restrictions. My company will not allow me back to work until I am 100%. Short term ended and I have just started my first month of long term disability. My company called me today and said they were letting me go. Can they do this? I understand they need to fill my position, but they have nothing for me to go back to when I am 100%. I did ask for an alternate position and they had nothing available for him. When I went out on disability, it was never clarified that I needed to be 100%. I am actually in better shape now then when they hired me. I work as an electrician.
1 Answer from Attorneys
You may have an ADA claim if you are terminated.