Legal Question in Employment Law in Texas

Short Term Disability Question

My husband works for IBM and has been very sick this year. He has been out on short term disability 2X in 2007. Once for 12 weeks and once for 8 weeks. They have notified him that he is getting fired. His question is (because he is still sick)if he goes back out on Short Term Disability before they give him an exit date, and then they lay him off. It says in there handbook that they can get laid off during Short Term Disability. IBM pays for the Short Term Disability. The question is, would his Disability pay just stop? My other question is, do they have to give a reason for firing him? So far, everything they have told him over the phone is not true. The only thing he has gotten in writing is the Severance Package agreement. Thank you for your help.


Asked on 1/22/08, 1:48 am

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Short Term Disability Question

An Employer can fire with or without cause ..anytime.unless one has a contract of some sort. When there is no union, most employees have no contract.Your questions show you need to see an attorney who understands severance packages..and disability insurance...and plan for the future...The modest fee would be worth it.

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Answered on 1/22/08, 9:11 am
Donald McLeaish McLeaish&Associates;, P.C.

Re: Short Term Disability Question

An Employer can fire with or without cause ..anytime.unless one has a contract of some sort. When there is no union, most employees have no contract.Your questions show you need to see an attorney who understands severance packages..and disability insurance...and plan for the future...The modest fee would be worth it.

Read more
Answered on 1/22/08, 9:11 am


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