Can a non-unionized company fire me for going on long term disability?
I’m working with the VA (who takes forever to get anything done), in trying to change departments in the company. The VA is messing with me, and didn’t fill out the paperwork I turned in, 2 months later i get the paperwork back.
Now that longterm disability is coming up, i don’t have the paperwork filled out so i can transfer to something else that enables me to work, they’re saying if i go on long term dis, then i’ll be terminated.
They are only required to hold the position open for a period of time, union or non union. The differance being a union contract may have all the conditions spelled out. Where my wife works it is 100 days. My contract does not have anthing in it about how long you can be out. Non union the time and conditions would be by federal or state laws.
If you are only disabled, and can do some work and can get yourself classified as disabled then they may have to make some accomodations for you to come back to work.
Contact the EEOC now, state as well as federal. You have rights as an employee concerning long-term disability. Without knowing details, a threat to terminate you because you might go on long-term disability is called retaliation. Retaliation itself is unlawful discrimination.
You have to be prepared to fight hard. Now. Not be lazy and wait for the “system” to run its course. Call your Member of Congress as soon as possible. Call your US Senator. Call the VA. Everyone you contact, record the details. Document, document, document. Get on their case about your case. Just be firm and polite.
Since you are seeking assistance with the VA I’m going to assume you are a vet. Make sure you avoid assumptions. That will hurt you. Those people who are a position to assist you need to know up front you are a vet because being a vet right now is very political. If you are a recent vet (you don’t state your age or prior military status) you might be eligible for the Wounded Warrior program and federal job assistance.
Good luck.