Stanton, TX asked in Employment Law for Texas

Q: Hello I live in Texas. I had to have surgery in September I got released to work on OCT 1 and laid off the 2nd

The company was paying my health insurance for my wife and InK was told I would have a job after. After I was released i was laid off the next day and was told they didnt have a truck for me to drive.Im a truck driver

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Under the facts as described, you should be entitled to unemployment benefits. The following link describes how to apply for unemployment benefits in Texas: https://www.twc.texas.gov/services/apply-benefits#howToApply

Under a federal law (COBRA), you can elect to continue the health coverage previously provided by your employer for up to 18 months. See information at the following link: https://www.dol.gov/general/topic/health-plans/cobra

T. Augustus Claus
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Answered

A: In your case, you have a disability (you had surgery and were released to work the day before you were laid off). You were also qualified for the job, as you were a truck driver and the company had a truck for you to drive. The fact that you were laid off the day after you were released to work suggests that you may have been discriminated against because of your disability.

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