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


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.

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