Question

Disability claim - Terminated from job next day after asking for help due to disability

Asked on June 29th 2023 by Michael T.
I have been working for years with Crons and arthritis related pain in my neck, back, knees and hands for years. I was employed up until December 2022 as a Sr. Compliance & Risk Specialist with Tesla. Prior to that role I was employed as a VP of Compliance and Risk at Bank of America for 16.5 years. During the 8 months I was working at Tesla I received stellar performance reviews and worked remotely in Irvine, CA. Tesla management asked all key executives to move to San Franciso/Fremont area which would have been approximately 380 mile relocation of my family. I asked Tesla HR for help to discuss the relocation mandate since I had a disability that would made the move difficult if not impossible. The day after I asked Tesla HR for help I was laid-off. I have been struggling on unemployment and dealing with my back and other arthritis related pain as well as massive flare ups (abdominal pain, vomiting, fever, lack af sleep and food for days) from my Crons Disease. Please let me know if there is any chance of being able to qualify for a disability claim in my situation. Thank you in advance for any help you can offer.

Answer

Answered on June 29th 2023 by Attorney Stephen Jessup

If you were covered under a group disability policy as part of your employment with Tesla you may be able to make a claim for disability. However, the issues that will arise will be (1) coverage- the carrier would argue that as of the day you were terminated you were no longer covered under any group disability policy and since there was no claim filed prior to termination you would not have coverage. (2) There would need to be doctor certification that your condition was preventing you from performing the material and substantial duties of your occupation as of the day before termination. (3) Date of disability is determined as the first day missed due to the disabling medical condition. The carrier would argue that the first day missed (aka date of disability) was the day you were terminated and no longer covered. If you have your own private disability policy you purchased through an agent or insurance company directly, then a road to a claim would be easier. Lastly, California does provide state disability benefits so you would have the opportunity to apply for those benefits. Please feel free to contact us should you have any additional questions or want to discuss the matter further.