Legal Question in Employment Law in Texas

Should I take Leave or Be Fired

I suffered a broken back last year and another fracture this year and have missed work sporadically. I have returned to work full time and have learned that I am to be fired. Even though I will be given another reason for termination, it is because of my disability and the fact that the President of the company doesn't like me. He is not even located in our office and is not that familiar with my job description. I am admin. asst. to the CEO who is retiring in a couple of years. I am still having major back pain and problems working full time and was wondering if it would be better that I apply for a leave rather than risk being terminated. My Doctor is willing to prescribe a leave of absence.

Our office alone does not employ 50 people. So what are my best options in this situation? If I take an unpaid leave I believe the company will pay my health insurance. Am I guaranteed a position upon returning from leave? Or should I simply let them fire me and then contact a labor lawyer regarding my rights?


Asked on 10/11/05, 12:23 am

1 Answer from Attorneys
Blair Brininger Blair Brininger

Re: Should I take Leave or Be Fired

It is always better to take action before you are fired. Does your company have long-term (or short-term) disability benefits? You may be eligible to be paid while out on leave.

What city are you in and what is the name of the employer?

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Answered on 10/11/05, 10:15 am


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