[SMilligan17]

I'm out of work on legitimate disability and will probably lose my job either before I come back or they'll think of some reason to fire me shortly after I return. (I've seen them do this to a handful of people). I'm filing a claim with AFLAC, which is offered through my employer and I pay premiums on it, so it's not like I'm just out of work on vacation. Would I have a chance at winning a small claims suit for wrongful termination?

[ScottGem]

It depends on what they state as the reason for termination. Most likely you won't since, in at at-will state, there is no such thing as wrongful termination. The only time one can sue over a termination is when you are in a protected class (which includes certain disabled people) and the termination is directly due to the disability.

[jillianleab]

If you get fired when you go back to work and feel it is as a result of being out on disability, you can contact your local EEOC office who will investigate. It's a tough thing to prove, however, and, as ScottGem said, it depends on the reason you are given for being fired and what state you live in. If you get fired BEFORE returning to work you will have a stronger case.

[froggy7]

Although I mostly agree with Jillian, it does depend on the particular situation. If you are out on disability and are one of 50 people that get laid off due to a need to cut costs, you probably don't have a case. If you are the only person, then it's a stronger case.

[Fr_Chuck]

And will your disability be a permanent disability, and is it really a disability, ( there are very stict rules as to what is one that is protected by the EEOC)

But if you can not do your job because of your injury, tey only have to make reasonable accomidation, if it does not cost them too much. So if you can't do your job, and they can not find a way to allow you to do it, then yes they can still get rid of you