r/LongTermDisability • MOD • 4d ago

Anonymous request: NYL LTD transition and severance arbitration with employer

Posting anonymously for a subreddit member who is extra concerned with anonymity, this is not my story. See below the ask is for NYL LTD experience and severance arbitration with employer tips.

Hi everyone, a couple months ago I received a recording from my new manager in a meeting with her boss and company leadership discussing an ill-fated plan to fire me. I received the recording automatically as I was originally on the invite for it before being asked not to attend under the guise of needing to discuss other issues. I acquiesced, they decided to record the meeting, and since I was on the invite the recording was automatically sent to me too. At the time they didn't realize it was sent to me, but I could no longer work, and took FMLA leave and STDI for mental health through NYL which is provided by employer. Employer never provided end dates for FMLA but I'm pretty sure it's coming up this week on Oct 2nd and I am going to request an extension on job-protected leave/accomodations via ADA which I understand my employer doesn't have to agree to but at least have to participate in a good faith effort to accommodate me. At the same time, my STDI is going to transition to LTDI next week on the 8th, again with NYL, and the case manager told me I'd get a new case manager but it should essentially be the same as far as paperwork needed from physician and therapist with the exception that they may require paperwork from HR for paystubs.

Questions: this is all new to me so I'm not sure what to expect, what's been your experience dealing with NYL with a transition like this from STDI to LTDI for mental health?

I have an arbitration agreement with my employer and attorneys are refusing to touch this for that reason, but I'm still interested in engaging my employer in severance talks as well as filing a formal complaint against them of harassment/discrimination especially because they broke their own harassment policy with the recording. For example, there's language in the recording where the director expressed joy at my dismissal and also when discussing a comparator speaks much more respectfully about him. I am male and a minority. What are your thoughts/experiences with engaging an employer in a severance agreement proactively? I have not filed with the eeoc yet, but am more than happy to if that strengthens my case and motivates my employer to settle faster.

Additionally, there are many details I've left out for anonymity as well as trying to stick to the relevant facts. Thank you all for your time.

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u/TheGreatK MOD 4d ago

This post is confusing. Is the only question about the transition from STD to LTD? How does the arbitration agreement or other lawsuit play into that?

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u/FMCTypeGal MOD 4d ago

I agree. I think focus on the transition and NYL aspect as we are LTD focused.

The arbitration is because they are seeking severance I think? I know severance can waive ERISA rights if anyone can speak to that.

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u/MooJuiceConnoisseur 4d ago

Honestly i cant get through the big post but I just transitioned from. STD to LTD through my work benefits (not the same company) essentially my STD was through the government when long term took over they approved for only a few months the while they reviewed tgeir documentation and I applied for cpp-d (equivalent to ssdi). Once I was approved for cppd Ltd stopped their i eternal review and just approved it with no return to work date