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jdb77 · Nov 23, 2011, 04:38 PM

I was recently terminated due to extended medical leave of absence. The company dropped my health insurance so I could no longer go to the Dr. My last check is for unpaid vacation time. I told the lady in human resources I wanted a paper check sent to my home and she said it would be direct deposited. This was 10 days ago and I still haven't been paid. I made sure to tell her that Texas law states the employer has 6 days to pay me my last check. The our date of termination as 10/27. Our conversation was 11/15. She didn't respond. While on medical leave I tried to return to work, but the put me in a spot that made my condition worse. When I tried to speak to my boss and human resources they refused to hear what I had to say. I have two autoimmune diseases and fibromyalgia. What are my choices here?

JudyKayTee · Nov 23, 2011, 04:54 PM

Contract or Union involved?

Have you contacted the agency in Texas which enforces the law that you MUST be paid in 6 days.

If you are saying the company discriminated against you - other people were on extended leave and were treated in a different fashion - contact an Attorney who specializes.

jdb77 · Nov 23, 2011, 05:22 PM

It's union. I haven't contacted any agencies.

ScottGem · Nov 23, 2011, 05:48 PM

Then talk to your Union rep. This is one of the main things unions are for. You should have had your rep with you in any dealings with HR.

Fr_Chuck · Nov 23, 2011, 06:17 PM

Unless your union contract requires specific jobs, if you can not physcialy do the job, did you ** IN WRITING** request accomidation for a disability, ( next we have to figure if this is a real disability as defined by law, I am doubtful it will fit the requirement)

As for as the check, they will send it out on the next payroll date, does it violate the state law, yep, is there any bite in the law, nope, by the time you could even file about it, you will have it. This is common, seldom do companies write any special checks, most use outside payroll companies are are not set up for single checks outside of pay schedule.

I am not sure what you want to sue for ? You quit a job because your health will not allow you to work it. unless they had a legal requirement to change your job, and normally they don't, there is nothing you can do.

Perhaps you can look into filing for a disability.

Also yes they may drop your coverage, but you can continue it under COBRA, but you have to pay for it. So you will or can have coverage, just contact the insurance carrier about your Cobra coverage