Disability Lawyers in Nashville TN can Help you File a Wrongful Termination Suit


Disability insurance offers a cash benefit to those whose medical condition prevents holding a job. However, many on disability are surprised to learn that the program offers almost no job security. In most cases, employers can legally fire an employee receiving disability benefits, but you can Visit Site to learn about situations where Disability Lawyers Nashville TN canhelp you file a wrongful termination suit.

Protection Under FMLA (Family and Medical Leave Act)
The FMLA offers workers 12 weeks unpaid leave each year to deal with their or a family member’s medical issues. Some workplaces are exempt from the FMLA, and among those who aren’t, there are strict rules for employee eligibility. Though FMLA leave isn’t paid, employees can get disability benefits while they’re away from work. Policies vary by state, and a disability attorney can tell you more about your state’s rules.

The ADA may Protect your Right to Work
Most employment in the US is “at will”, meaning that termination can occur for almost any reason. However, the Americans With Disabilities Act prohibits employers from firing disabled employees. The law protects those meeting the ADA disability definition, which includes most on disability leave.

The ADA and FMLA
It may be difficult to understand how the ADA and the FMLA can help you, when you’re on leave and receiving benefits -; but you eventually want to go back to work. Your employer can’t fire you because they believe that receiving disability benefits keeps you from doing your job. Every state’s definition of disability is different, and a lawyer can help you apply rules from the ADA and the FMLA to your case.

Health Coverage
Many workers wonder if they will lose health insurance when they lose a job. The COBRA law offers a terminated worker the choice to keep their employer-sponsored coverage, as long as they pay the full premium. COBRA is an expensive option, but for many employees, it’s the only option.

If you aren’t reinstated after an unpaid medical leave, you should consider hiring a disability attorney. You will need to prove that you didn’t lose your job because of poor performance, and Disability Lawyers Nashville TN can help you file a complaint with the EEOC or the court.



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    Michael D. Ponce & Associates PLC

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