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Thread: Employement Rights & LTD

  1. #1
    Join Date
    Dec 2003

    Employement Rights & LTD

    I know this varries by state and that I should consult an attorney but I want to pick the forum's collective brains.

    Ive been on LTD from my employeer (large S&P 500 co) for about 5 years. I requested to go back to work about 6 month post as part-time or work from home but they said they don't have those positions....they do.

    Two years ago I requested to go back full time and submitted the required Dr. info. The only thing the Dr. said was that I should recline after about 4 hours in my chair...I could do that in my car. The Co. Dr. said "doubtful they could accomodate due to my extensive restricitions". What restrictions?

    So HR said they would look for a job for me ... its been 2 years and they are still looking. They said that they dont have to hold a position for anyone on long term disability...just short term disability.

    Also, they need to find an opening for which I am qualified. Not a lower positon or they would need to lower my salary. I was middle mangement with any where from 2-5 employee's reporting to me and those positions dont open up very often.

    Also. I am a Certified Public Acountant with an MBA. My old supervisor hinted that since I havent worked in 5 years that I am not well qualified for the position I held since my skills are not current.

    This is a catch 22 situation. They dont want me back so I stay on LTD. I still buy my benefits from them and I accrue toward my pension. But I cant take a job somewhere else or I will be considered terminated.

    So here I sit. T8 with no major medical problems. Able to drive. Willing to work. Good education and resume. Good work history

    I am hesitant about contacting an attorney and filing under the ADA. Im sure I could get them to take me back that way but Im afraid they would just find a way to get rid of me. Such as making the job unreasonable and then documenting that I am unable to perform the duties job. And I have family (young children) to support. Comments ar appreciated.


  2. #2
    Tough one.Do you have the complete LT contract? My LT disability policy encourages part-time employment and pays the balance. Most likely they are not obligated to take you back. Get the LT contract as well as a personell handbook for the time you left. While you sort it out,get VR to send you to school to refresh and update your skills.

    I returned to a job after disability several years ago,they in fact changed the description and hours to ones I could not manage. It was a pretty dark time for me.
    Every day I wake up is a good one

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