Waiting to hear what Camden has to say about all this.
14 replies (most recent on top)
I'm not out on leave but I know a few people which is why I posted it. I am actually going through the process of getting hired elsewhere. All I have left to complete is my drug test and I am golden.
You are missing the point...I agree it is illegal to fire when out on std or fmla. My past experience with EDMC has shown that they do fire these people. It happened a lot while I was an AM. You are a F,,ing idiot if you think EDMC follows laws and rules. Look at the current amount of law suits pending against them! They would rather compensate someone after they let them go IF they try to file for violation of rights. All I'm saying is they do it all the time and will do it again. Did you go out on STD? Must be why you are so passionate about this..just kidding....regardless days are numbered for all! I figured it out and got out and now I enjoy seeing this company suffer! They put me thru hell with all their BS and I really hope all the good peeps get out before they lower the boom. Good luck!
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.
The term Short-Term Disability ("STD") refers to insurance payments that are made to employees who have to miss work due to a physical infirmity. STD insurance is typically purchased by the company (employees may be required to contribute to the premium payment) and one's right to benefits is usually determined by the insurance company from whom the policy is purchased. Thus, while an employee may have to make his/her need for STD benefits known to the company's HR Department, the company has no say into whether an employee is entitled to the benefits - that decision is made by the STD insurance carrier.
As a general rule, the only federal law that expressly prohibits terminating an employee who is out of work due to a physical condition is the FMLA. Leave under the Family and Medical Leave Act is unpaid - the purpose of the statute is only to provide a right to job reinstatement provided that the employee returns prior to the expiration of the FMLA leave period.
However, if an employee has to miss work due to his/her own physical condition, the employee may obtain STD benefits while out on FMLA. Accordingly, by exercising one's rights to FMLA leave and Short-Term Disability benefits in tandem, an employee secures both job reinstatement rights and a portion of one's normal wages.
CAN A SICK LEAVE BE AN APPROPRIATE REASONABLE ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES ACT?
Another potential source of job security if one is suffering from a health condition causing absence from work is the ADA. There is typically little question that a person missing work due to an ADA disability will qualify for STD benefits. In such cases, if FMLA leave is available, use it.
STD payments are made by the STD insurance carrier and are typically the equivalent of about 2/3rds of one's regular salary. STD benefits are usually payable for about 6 months. If you are not recovered after 6 months, then you must file for Long-Term Disability benefits.
Philadelphia Employment Lawyer Explains How Rights or Benefits Under the Family Leave Act, the Americans With Disabilities Act and Short-Term Disability Insurance Policies May All Be Available at the Same Time
An employee may be entitled to STD benefits if he/she has a personal injury or illness giving rise to the need for leave under the Family and Medical Leave Act ("FMLA").
Such a medical condition may also qualify as a disability covered under the Americans With Disabilities Act ("ADA"), which means an employer may have to offer a reasonable accommodation.
Typically, one has to be out of work for at least one week before the right to STD benefits is matured.
CAN MY EMPLOYER FIRE ME IF I AM RECEIVING SHORT TERM DISABILITY BENEFITS?
It is not illegal to fire someone who is out on short-term disability; however, it is illegal to fire someone who is protected under the FLA and/or the ADA.
Stated otherwise, an employer does not have to hold open an employee's job merely because he/she is receiving STD benefits. STD benefits are monetary payments, and do not provide employees with any right to job reinstatement upon recovery.
Fair or not, and subject to the exceptions stated below, it is not illegal to fire an employee who is out of work and receiving STD benefits.
CAN I TAKE FAMILY LEAVE AND RECEIVE SHORT-TERM DISABILITY AT THE SAME TIME?
PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE
I would caution against "leaving the disability out of it." Simply because OP may have used all FMLA leave that he is entitled to does not end the analysis. With a diagnosis of severe depresession, he may be entitled to protection under the Americans with Disabilities Act. As such, a company with a blanket policy of terminating employees after exhausting FMLA leave are asking for trouble. (The EEOC has taken the position that such policies are a per se violation of the law).
The OP should contact the Pennsylvania Human Relations Commission or the federal EEOC for advice/assistance.
FMLA and STD are two different things and its to my knowledge you have 12 weeks with FMLA and can not be terminated. If you say otherwise you just being an ass at least show them a link! Either way at this point its only a matter of time before big cuts.
Pa is an at-will state and can fire for anything they want. I hope they fire you dopes
http://www.disabilitysecrets.com/resources/disability/long-term-disability/can-i-be-fired-while-leavhe person below me is an idiot. Please read up on FMLA before you open your mouth. And they can't legally fire on performance. They can fire on compliance.
FMLA link
Layoffs will target those who have used short term and long term or those who have level 4 or higher compliance issues. Think about the past...were they out for sometime or have had continuous levels of compliance gap type issues...yes and they will be first to continue to go..then the worst of the pack...and so on and so on..get out while you have time..I did...love the choice i made!
Plus he is gsy and likes guys
Why can't people google? Can't you see that Camden Kid primarily regurgitates what David Halperin has already written? Just google David Halperin and EDMC news, and you will be as informed as asking Camden Kid about this. It's not like he has inside information or much, if any, formal business training. He has no idea what they are going to do beyond what you and I could figure out using common sense and a google or two. Googling CK's name reveals a (hardly preeminent) sociologist with a passion for ridding the world of (seemingly) all for-profit college education. While many programs obviously and absolutely should be eliminated and would, in fact, be killed if the federal government thought about its aid policies from a societal cost-benefit perspective for more than 5 seconds, Camden Kid's thinking on the issue seems to be devoid of nuance (I could be wrong but have seen no evidence of this). It's not all just good and evil here, and it is intellectually lazy and/or dishonest to paint it as such.
Addresses are public record, what's the big deal with posting? It's no secret.
It's difficult to analyze the layoffs from the outside because so little is made public. People on the inside have a better perspective--and very few people from EDMC have opened up. I would imagine that KKR and Goldman Sachs will want to find some way of spinning off the schools and/or make them profitable--if that cannot be done, many of the campuses will need to close. The small number of layoffs made so far seem small compared to the hundreds of millions of dollars they are losing.
Who gives a shit what that fudgepacker thinks? Why don't you marry him you twat
Because the threads contained ed west's home address.