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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33399
Experience:  Employment Law Expert
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I was recently suspended from my job on a Monday. The policy

Customer Question

I was recently suspended from my job on a Monday. The policy reads if the suspension is lifted that I will be paid for those days. The suspension was lifted on Friday and I filed for disability the same Friday. Now the HR states because I filed for disability they do not have to pay for the time I was suspended. That seems like wrong to me considering I didn't request the disability till 5 days after they suspended me. Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes and no and I will explain why I phrased it that way.

Texas is an extremely pro-employer state. So much so that the employer isn't bound by the terms of their policy manuals, etc. They are free to violate their employee handbook and can't be sued.

However, looking at it from a different perspective it may very well be discrimination due to your disability.

How many employees work there where you do or within 75 miles?