What are my rights regarding short-term disability with no FMLA?

Scheduled to go back this week. Received a letter from my company saying that since I had no no job protection while on FMLA, I am terminated at end of STD. Are they firing me then? Can I apply for unemployment benefits?

Asked on September 3, 2012 under Employment Labor Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you were terminated from your employment while you were on leave under the Federal Medical Leave Act  (FMLA) and while on short term disability leave, you need to consult with an employment attorney as to what your legal recourse as well as a representative with your local department of labor. Impression is that your termination was improper unless your employer's finances mandated a downsize of the operations of his or her business.

You qualify for unemployment benefits given your termination. As such I would make a claim for such.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.