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Terminated while on STD in Texas

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  • Terminated while on STD in Texas

    I am an HR Coordinator who has been working with a security company for 11 months. I was told today (by receptionist) that I was terminated. I haven’t been told by anybody formally and supposedly everything of mine has been shut down. There have been some ongoing issues with our company involving several issues involving discrimination, harassment and retaliation. I was also told (right before I went on STD by my supervisor at the time) that she should fire me before I go on maternity leave so they don’t have to pay me any benefits. I was put on bed rest 2 weeks ago and now supposedly im terminated. Is this something I can talk to a lawyer about?

  • #2
    You are always free to speak to a lawyer, but based on the info you have given so far I see no clear basis to fight the termination as a matter of law. You were not there long enough to qualify for FMLA and you make no direct causal allegation as to race, sex, etc. as the basis for your termination. The only basis I see in which you might have a shot is you happened to mention maternity leave; it would be illegal to fire you BECAUSE you were pregnant but it would not be illegal to fire you because they didn't like you and you just happened to be pregnant.

    You are in a far better position than we are to judge why you think they terminated your employment, and if that reason violates any of the employment laws.
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    • #3
      FYI, if you are an HR coordinator you should know this but just in case you don't, it is a myth that you cannot be terminated while on STD. STD does not provide any job protection. STD (which is not leave but how you get paid while on leave) often runs concurrently with FMLA, which DOES provide job protection, so sometimes people get confused. But it is the FMLA, not the STD, which provides job protection.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        You may not be fired!

        I would back up to a more simpler perspective. It sounds like based on what you're saying (the receptionist says everything is turned off), may be more related to the "status" of your leave more than the status of your employment. Often times security access is turned off for someone who is out of the office. To the receoptionist, it may look like your termed, but more realistically, all of your access may need to be reinstated. Check right away with your boss!


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