Re: Question on Disability Act
- From: "Smokie Darling (Annie)" <Barnabus1993@xxxxxxxxx>
- Date: 29 Jul 2005 18:10:38 -0700
Carole wrote:
> I know very little about law and don't understand its jargon, I admit
> it. My company is terminating my employment next month since they will
> not approve any more medical leave. Once they terminate me, I lose all
> my medical benefits, etc. A neighbor told me this is not legal because
> of the disability act. Since it's a large company, I would assume they
> know the law. So does anyone know if a company can terminate you if you
> get sick and can no longer work? They said I could continue my medical
> coverage through COBRA but that's going to cost me $400 a month and on
> SSDI, that certainly won't be happening.
>
> Carole
I can only tell you how it was interpreted here in Western Colorado.
An Employer must accommodate a disabled employee UNLESS they can show
that it would be a financial burden/hardship to change things to suit
the employee.
Hey, the county gov't here "proved" it in my case (enough so that no
lawyer would take my case). I was terminated after the 12 weeks
allowed by FMLA, when I hadn't healed enough to return to work after
knee surgery (to remove a staph infection). Yeah, right, a two story
building, with no elevator, and no way for a disabled person to get to
their office on the second floor, short of the stairs. BUT, they had a
handicapped stall in the bathroom, large enough for a wheelchair even
with no way to get the wheelchair up to the second floor.
In my case, it was a blessing in disguise, though it took nearly two
years to figure that out.
Smokie Darling (Annie)< <who's been on SSDI for two years now.
.
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