Dallas, TX asked in Workers' Compensation and Employment Law for Texas

Q: employer just informed me after that after 1 yr. They will terminate my employment or I can go to HR to

Discuss other employmet option. What should I do? my surgery is still in dispute. And I'm still off work. They say I have to have a full release by may 22. Or my employment will be terminated I don't know what to do and my attorney is not giving me any advice. (Sigh)

1 Lawyer Answer
S. Michael Graham
PREMIUM
Answered

A: If you have an attorney, you need to discuss this with your attorney. Send your attorney an email. If your attorney will not communicate with you in a timely fashion, I suggest you fire your attorney. Under the Family Medical Leave Act, your job is only protected for 12 weeks. Your employer then has a legal right to fire you. If they have a policy of letting employees stay longer while on disability, they must treat all employees the same. This is the general rule. You should be able to receive workers' compensation benefits until you are placed at MMI.

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