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.

Related Topics:
1 Lawyer Answer

Michael Karst

Answered
  • Westlake, OH
  • Licensed in Ohio

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.