Legal Question in Employment Law in Texas

Disability termination

If an employee is injured on the job and as a result is on six months disability, can the employer fire that employee while he/she is still on disability? The disability would preclude unemployment compensation until after the doctor has cleared the employee to go back to work. Can the employer terminate the employment without either a verbal or written notification (i.e., just stopped paying the employee)? Employer was 'self insured'


Asked on 6/26/07, 12:42 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: Disability termination

Yes, it may be discrimination if a work comp claim has been filed...but an injury does not mean your job is safe. Many employeers have policies of firing if employee misses 6 months, some less,some more....but if you made a work comp claim,does employer have a policy of firing wc claimants??

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Answered on 6/26/07, 8:56 am


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