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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have recently become disabled with cancer of the larynx.

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I have recently become disabled with cancer of the larynx. My employment agreement provides for long term disability which has been approved and is in place. The employeee handbook states that I am covered for 60% of my base salary ($164K) but the company is only underwritten for a maximum of $60K (less than 37% of my base salary). I have been with the company for 8 years.
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.

Pursuant to Maryland Law, employee handbooks have been held to be enforceable contracts. However, the law provides that not every statement of policy within the handbook is enforceable as a contract. Thus, whether you can hold the Company liable for not providing you with disability insurance coverage on par with your actual salary will be a matter which must be determined by the Court. The issue will be whether there is a quid pro quo involved in the promise of disability.

As disability is an employee benefit and is considered part of the basic consideration for the employee to provide his/her services, this will most likely be held to be an enforceable agreement against the employer. Thus, you potentially can recover the deficient amount of disability promised to you from the employer directly.

I would highly advise you to speak to a local employment lawyer for a fuller analysis of your case. They would need to look at your employer's actual handbook to further determine whether the validity of your legal claim.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary

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