Legal Question in Employment Law in Texas

I broke my ankle at home 7 weeks ago, my employer will not allow me to come back to work without a full medical release. The position is outside sales. I can perform many other duties and asked to do something else while I am healing. I was told there is nothing else for me. They took away my laptop, my cell phone and access to the company website, but insist I am still employeed, but on unpaid leave. I will be out for another 4 to 6 weeks. When they hired me, my offer letter stated that I had Short term disability paid by the employer. When I asked to get it they told me they do not have it and have not had it for 3 years. I am trying to find another job in inside sales, can I collect uneployment while looking for another job? They really have made it very difficult.


Asked on 8/06/09, 4:56 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

If you cannot work because of your injury due to requirements of the employer..not the injury you need to apply for unemployment benefits...and it should be granted..If you have a copy of the offer including short term disability..you may be entitled to that as well..contact a lawyer

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Answered on 8/06/09, 5:16 pm


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