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My employee asks if I can stay-home for a few monthd without pay and will resume my employment when the business gets better.

Asked over 2 years ago - Houston, TX

My employee aks if I can take a short time off without pay, but still maintain my insurance and vacations until the busimess gets better. I did accept the offer. However, If the business continues getting worse and they decide to terminate my employment, what I can do in this situation?

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Attorney answers (1)

Heather Kubiak

Reputation Level 11

Answered about 2 years ago. Litigation Lawyer in Houston, TX.

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You probably have no recourse if the business gets worse and cannot activate your employment. In Texas most employment is an "at-will" employment meaning both parties (employer and employee) may end the relationship without any cause. There are exceptions to this rule - such as an employer cannot discriminate against an employee - but none of those exceptions appear to apply in this case.

Instead, it appears that the employer is genuinely interested in keeping you but cannot afford it now.

Good luck to you and your employer.

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