Any Employment Lawyers/Paralegals out there?

[Music Mole]

I have been out on disability from my employer for about 6 weeks. I slipped and fell on the ice and shattered my wrist. I had surgery to repair it (permanent plate with screws and two removable pins that came out at the 4 & 5 week mark). I have kept in touch with my company throughout this.

I am an administrative assistant (lots of typing) and had started at this company working for two people. They fired one of my bosses last September, and when i fell and had to be out, they just had another admin help out my remaining boss, rather than bringing in a temp. (It's an insurance company and the type of insurance our department did was really affected post-9/11).

Well, he called me this morning to tell me they've eliminated my position, effective today. I guess I thought if they were to decide that, they had to wait until i was back to work (at least then I could job hunt because i'd be fully rehabilitated). i guess I thought they weren't allowed by law to eliminate people's positions if they were out on disability.

Just wondering if any Legal-type DISer's had any knowledge on this topic.

 

[marlasmom]

I'm a former paralegal but my experience in this area is skimpy so I would check further than just listen to me. However, my understanding is that if a position is to be eliminated, they CAN do it while you are out on disability. Really sucks. Is there a possibility you can get permanent disability?

 

[Briar Rose 7457]

I don't practice in Texas, so you might want to check with the local bar association, but my understanding is that they are not required to hold open a position for you under these circumstances. they eliminated several positions for economic reasons. most disability laws provide job protection because of your inability to work as a result of illness or injury. they don't give you greater job protection than if you were healthy and at the office.