Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I work for a company that eliminated all employees that had…

Customer Question
I work for a...

I work for a company that eliminated all employees that had my job title on May 5th of this year. I am still considered to be an employee with this company due to I was out on short term disabilty. My short term disability will end on November 3rd. My HR consultant advised me that I have 2 choices: 1, end disability on November 3rd, I will receive severance pay along with 8 months additional medical insurance; 2, continue with long term disability and Metlife will continue to pay me 60% of my salary for up to 2 years and I will not receive the severance pay or no addition insurance.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

I am facing another surgery due to my ankle/heel did not heal properly. I will be out of commission another 4 - 6 months.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

My first thought is: I have to end disability and take my severance pay along with the insurance to get me through this next surgery. My question is: Can my employer legally do this if I take long term disability. Meaning no health insurance or severance pay. Sorry for the long post but I do not know anyone that would have the knowledge about this. Thank you for your time.. Carla

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, non union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 10 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
10/6/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,862
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Employment Law Question
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Once an employee goes out of work beyond the 12 weeks protected under the Family and Medical Leave Act, the employer can make the employee on long term disability cover the costs of their insurance. However, if you are looking at additional surgeries and they will cover your insurance for 8 months, this is a significant financial burden that would be lifted off of you. The downside to this is after your weeks of salary under the severance, you would have no further income such as the 60% from the long term disability. So in making this decision, you need to weigh if the 60% and paying for insurance would work for your situation, but if you can do with less income and getting insurance paid for 8 additional months, it is likely the best financial deal for you (as it is legal to make you pay for your insurance on long term disability).

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 126,862
126,862 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
My husband was hurt on the job in 2013 and has since had
My husband was hurt on the job in 2013 and has since had several shoulder injections, therapy etc. Recently he had another appt for an injection which made it worse and ended up meeting with the surge… read more
Ray
Ray
Lawyer
Doctoral Degree
33,797 satisfied customers
Hello. I was working for a company from January 2013 until
Hello. I was working for a company from January 2013 until the end of September 2013 until I went on Short Term Disability. I used up all of my Short Term Disability (which ended at the end of March 2… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I worked as an on site payroll clerk for the past 2 yr and
I worked as an on site payroll clerk for the past 2 yr and then my eye was injured off the job. I went on short term disability and during that time my job was eliminated due to the job be finalized. … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I have been employed by a company in Arlington, TX since August
I have been employed by a company in Arlington, TX since August 15, 2011. On August 22, 2012 I had to have major back surgery followed by major shoulder surgery on October 22, 2012. I worked through A… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I have long term disability insurance with metlife. If I applied
I have long term disability insurance with metlife. If I applied for social security benefits, can metlife force me to work if it is approved? Also, do I have to have surgery to claim compensation fro… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Labor laws Denver, CO; I have been on disability for a surgery
Labor laws Denver, CO; I have been on disability for a surgery for 3 weeks now (after the mandentory 1 week waiting period) Surgery was July 19th. Planned time is for me to return is August 20th but h… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
Do you have any recourse if you had an injury and your manager
Do you have any recourse if you had an injury and your manager was suppose to file a claim if your status changed and it was never done and you remained on long term disability, lost your healthcare, … read more
Attorney Arcadier
Attorney Arcadier
Managing Attorney Partner
Doctoral Degree
197 satisfied customers
I am currently on workmans comp, however if my injury is not
I am currently on workmans comp, however if my injury is not healed enough to return to work can I receive longterm disability which my employer offers, also will my employer keep me on their insuranc… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
This question is about an accident at work. in 2009 I slipped
This question is about an accident at work. in 2009 I slipped and fell injuring my right ankle, after many doctors, test and reviews, Work Comp finally agreed to surgery; 11 months later. I had a dors… read more
socrateaser
socrateaser
1,031 satisfied customers
How do courts view individuals whose doctors believe their
How do courts view individuals whose doctors believe their condition cannot be treated unless they leave on short term disability. However, the invidual continues working due to 1. financial hardship,… read more
LadyJustice
LadyJustice
Attorney & Counselor At Law
Doctoral Degree
410 satisfied customers
Minnesota unemployment insurance has denied my request for
Minnesota unemployment insurance has denied my request for unemployment insurance. I have received long term disability insurance from my employer from 7-21-2008 thru 7-20-2010. Minnesota was able to … read more
Ray
Ray
Lawyer
Doctoral Degree
33,797 satisfied customers
I went on short term disability for pulmomary problems on Ju
I went on short term disability for pulmomary problems on June 30, 2009 and rolled onto long term disability on sept 29, 2009 when I also found out that I needed surgery for a congenital brain probem … read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
I am on short term disabilty and am classified as a part time
I am on short term disabilty and am classified as a part time employee (20 hrs wek) However my work schedule is 32 hrs per week and now the company is only paying me disability on 20 hrs even though t… read more
EPLLAW
EPLLAW
Attorney
Doctoral Degree
158 satisfied customers
I was let go from my job this year, due to a medical condition,
I was let go from my job this year, due to a medical condition, was put out of work on short term disability, which ran into long term disabilty, doctor would not write me back into work, all necessar… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I am a resident of the state of Illinois. I am an executive
I am a resident of the state of Illinois. I am an executive assistant reporting to a level two executive – a man of power. Due to a fall in the snow on my way to work (my manager chose to stay home du… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,862 satisfied customers
Can they fire me without giving me a chance to come back?
I had surgery on my foot last year and I had to have surgery again on the same foot this year. I called each week to my employer and I had my doctor to fax a note each week to them. They knew that I w… read more
socrateaser
socrateaser
1,031 satisfied customers
Today, my position was eliminated at by job. I was a sales
Today, my position was eliminated at by job. I was a sales and catering manager at a hotel. A month ago, I had major surgery on my knee and ankle. When I returned from surgery, I heard that they were … read more
socrateaser
socrateaser
1,031 satisfied customers
My three-month short term disability is almost done. I had
In an at-will employment labor relationship, can an employer terminate an employee as soon as paid short-term disability is over while the employee is in the process of applying for long-term disabili… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x