Legal Question in Employment Law in Texas

terminated while out on disability

My question is simply this. If a person has is out after major surgery and the doctor will not release them to go back to work for at least 6 weeks and that person is out on paid disability can the employer just fire that person after being out a month? FMLA is not involved. I know that there are certain conditions to paid disability but I just really wanted to know if there was any kind of protection for the employee. Thank you


Asked on 7/31/02, 11:29 pm

1 Answer from Attorneys
Kevin Michaels Law Offices of Kevin R. Michaels, P.C.

Re: terminated while out on disability

An important question to ask is whether your injury was work related such that you filed for worker's compensation benefits. If you did, your employer violated Section 451.001 of the Texas Labor Code and may be subject to a civil suit.

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Answered on 8/06/02, 9:47 am


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