Dayton, OH asked in Employment Law for Ohio

Q: recd 1st letter while on STD position eliminated/severance on 12/31/18 company closure 2nd lett terminated same day LTD

while on short term disability/active employee, received by fedex letter dated 6/6 stating position will be eliminated 12/31/18 and severance package will be issued due to company closure . then receive a 2nd letter 22 days letter dated 6/28 stating position terminated on 6/29 same days as approved for long term disability. spoke to human resources/benefits at employer and was told this was best because company is closing and that the 1st letter(severance package) is now void. did the employer go about this correctly.

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1 Lawyer Answer
Michael Karst
Michael Karst

A: Without reviewing your short-term and long-term disability policies, it is difficult to say whether your employer went about things correctly. Assuming you are an at-will employee, an employer may terminate your employment at any time and for any legal reason (with a few exceptions). That is still true even if you are out on disability leave. You may want to speak with a qualified attorney regarding your severance package. The law typically requires an employer to provide you with a minimum of 28 days to review a severance package, discuss it with an attorney, and decide whether to sign or not. Good luck.

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