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STD and being terminated Massachusetts

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  • STD and being terminated Massachusetts

    I was out on STD for foot surgery. Metlife did not get in my approval to my employer in time so they fired me. They are withholding my last disability check because they said that I used time that was not accured to me yet. I did not use any personal/vacation/or sick for the 1 week waiting period before STD kicked in. My employer is telling me that I did and I owe them for that. So they kept my last disability check which is not regular pay and now say I owe them an additional $800? How can they do this?

  • #2
    Some things don't make sense here.

    First of all, was an insurance company paying your "disability benefits" or the employer?

    If the former, why does the employer have your disability check?

    If the latter, does "disability has not been accrued yet" mean you hadn't earned enough sick time to be paid for the waiting week??

    Ask the employer to provide a check stub or other proof that you used vacation or sick time to get paid for your waiting week. "I'm sorry, I don't believe I was paid for the waiting week; can you show me a check stub showing that I was paid so I can check my bank records?"

    As regards your being let go, this leave was not FMLA?
    Last edited by Pattymd; 10-14-2010, 10:57 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      It was not an FMLA. My disability was being paid through my employer but approved through MetLife. They did send me a spreadsheet and it shows on it that I used unaccured time for the waiting period when in fact I know I put nothing in for it. They will not give out my last check stating that I owe them over $1000 which according to my records is completely untrue.

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      • #4
        Just because you didn't request to use vacation/sick/personal time for the waiting week doesn't mean it wasn't applied anyway. An employer may REQUIRE that you use it whether you want to or not in most but not all states, and definitely in Massachusetts.
        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.

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        • #5
          so what happens will they come after me for the remaining amount?

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          • #6
            They'll have to sue you and, to prevail, they'll have to show proof of payment.

            Did you ask them for the proof as I suggested earlier?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Yes I did contact them. They said that they put that time in even though it was unaccrured so they say I owe them. They also said they would probably not bill me for the remaining amount. BUT would have been nice to know that I wasn't going to get a check since I needed that money for my car payment which is now up for repossesion. I will never take STD again.

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              • #8
                So you acknowledge that you WERE paid a week of sick time during the waiting week then?

                But don't confuse this situation with a standard STD policy. This was nothing more than a paid leave program funded by the company. It is more common by far for employers to offer STD plans that the employee pays for with his own money through payroll deductions, and such plans are enforced in compliance with the plan rules themselves, as well as providing for appeal rights (which an leave plan does not need to provide).
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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