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My husband is on term disability from his job. He will not…

Customer Question
My husband is on...

My husband is on long term disability from his job. He will not be able to return to work due to terminal cancer. His company is asking him to resign. Should he resign and if he does what happens to his benefits?

Lawyer's Assistant: Has your husband discussed this with a manager or HR? Or with a lawyer?

Yes with HR but, not with an attorney

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

No union, and the job is hourly. He works for Cancer Treatment Centers of America

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

What if he does not give resignation can they terminate on Long Term Disability. We have no problem with paying policies or premiums out of pocket. We already have second coverage in place. We are veterans.

Submitted: 3 months ago.Category: Employment Law
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Answered in 1 minute by:
4/3/2018
Employment Lawyer: Loren, Lawyer replied 3 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,846
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
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Employment Lawyer: Loren, Lawyer replied 3 months ago
Has any severance package been offered in return for the resignation?
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Customer reply replied 3 months ago
No
Employment Lawyer: Loren, Lawyer replied 3 months ago
Then your first step is to see what they are willing to give in the way of severance if he resigns. They should pick up COBRA payments for a period, pay salary, and other benefits. If they refuse, I would not resign.
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Employment Lawyer: Loren, Lawyer replied 3 months ago
Are you still online with me?
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Customer reply replied 3 months ago
Can they terminate him. Although, doctors are not God but from a medical perspective they have given him less than a year
Employment Lawyer: Loren, Lawyer replied 3 months ago
If his employemnt is at-will, and he can no longer do the basic functions of his job, yes, they could legslly terminate him.
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Customer reply replied 3 months ago
Should we resign or let them terminate and will he still be entitled to long term disability. What are the odds of a at will state an employee working & getting treatments from the same place he has worked for over 8 years.
Employment Lawyer: Loren, Lawyer replied 3 months ago
There is no reason to resign while on disability unless he gets something in return.
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