Short term disability

UPDATED: Oct 1, 2022

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Short term disability

Can a company that is union change their short term disability policy
mid stream. My 2017 pay and benifits guide says i get paid 100 salary
for x amount of weeks for short term disability but now they are
saying that they changed it so now im getting less than half of my
pay. Do i have any legal rights to fight this matter ?

Asked on November 24, 2017 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the union contract (or a personal written employment contract you have) specifies the amount and type of benefits, they cannot change those during the term of that contract (i.e. until it expires): while a contract is in effect, they are obligated to provide the contracted benefits. 
But if the benefit is not stated in a contract, they may change it: benefits not contractually specified or guaranteed are subject to change by the employer, even "midstream" (while an employee is getting them). Employers have free reign to change benefits except to the extent they are set by contract. 
(If the benefit was set by contract, you could sue based on "breach of contract"--on violating what the contract says--to enforce what the contract guarantees you.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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