Add Comment Question: My son had a car accident and suffered a brain injury. While he will be ready to go back to work soon, his employer has now given him a date that his short term disability will end and his LTD would start, at which time they say his employment will be terminated. While he should be back before needing LTD, can they legally terminate him should he need LTD? He had been employed there for about 6 months prior to the accident and had received a good review prior to the accident. Answer: While the employer can end your son's employment at any time, it cannot do it because of his health situation or because he needs to take a medical leave now or in the future.If the employer's decision is connected in whole on in part to his medical situation they are liable for special damages in addition to a severance package. I will also add that your son should return to work only with his doctor's approval. This is not a straightforward matter and I recommend that you or your son contact us at the number below for a more thorough discussion about his entitlements and options. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.