Question

Can I be fired for getting a lawyer to help with my short term disability?

Asked on April 23rd 2025 by Kelly
I have been getting short term disability benefits since October 31st. They denied my extension on March 4th of 2025. Their reason is the medical evidence doesn't show that I can't work. I have been out of work since October 24th of 2024 due to having Spondylolisthesis (herniated disk and slippage of the bones) also having sciatica. My doctor pulled me out due to the severe pain and the numbness and tingling in my legs when I stand for prolonged hours. I am an Assistant Customer Service Manager for a grocery chain here in South Carolina. All I do is stand, bend, lift, twist etc. My doctor has stated over and over and over again that I am to remain out of work until surgery due it can cause more injury to my back plus I am on some medication that impairs me. When I appealed the decision I sent them everything I had from all the doctors visits. Highlighted everything that states I can't work due to my condition. Sent them my work description also. Sent them my statement. My doctor also wrote up a note restating the obvious. And they sent me a letter stating an adverse decision on the matter

Answer

Answered on April 23rd 2025 by Attorney Stephen Jessup

I don’t believe you can get fired from a job for getting an attorney to assist with a short term disability claim. That being said, if you are no longer protected by FMLA or some other contractual agreement with the employer you could be let go by the company. From the additional information you provided it sounds like your appeal for STD was also denied. Depending on the insurance carrier your only recourse may be to file a lawsuit to secure the STD benefits.