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job please respond

Discussion in 'Medical Leave & Disability' started by jasminemonae199, Oct 11, 2012.

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  1. jasminemonae199

    jasminemonae199 Law Topic Starter New Member

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    Hello my name is Jasmine Im 19....I have been employed at Arbys food restaurant in Tallulah since April 26, 2012...however I am pregnant and have been having complications so I called out once and my dr faxed them an excuse, they said they recieved. The excuse had me scheduled to be off for two days but my boss took it upon herself to take me off schedule for two weeks prior to that. I have a ten month baby and Im pregnant now, plus I just moved in an apartment. Anywho, those two weeks passed and since I continued to experience problems my manager suggested maternity leave, I agreed. Everything was fine I have a doctors note for maternity leave and all of that. All of a sudden yesterday I get a letter from job company saying I quit,,NO CALL NO SHOW on Oct 5, keeping in mind I've been on leave since the end of last month..now every coworker I called said my name has not been on that schedule..I have been on leave since the end of Sept...so they are lieng and messing over me nobody called and asked me to come in or anything, my last day actually working was Sept 6, 2012. This is wrong I can't file unemployment or anyhting because they put I voluntary quit...I have two kids, an apartment and no income...what shall I do?
     
  2. army judge

    army judge Super Moderator

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    I suggest you make an appointment and visit with the manager.

    Discuss your concerns and try to discover why you were fired.

    Do not argue, get excited, or become in any manner unruly.

    The better behaved you are, the more facts you will discover.

    Ultimately, you want to ask for your job back.

    Apologize to them and characterize this as a BIG misunderstanding.

    Do NOT blame anyone, just try to settle this and get your job back.

    As far as fighting it, you might win, but it would be months and you would have no money for many, many months!!!!!!
     
  3. cbg

    cbg Super Moderator

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    Since you have worked for this employer less than one year, you are not entitled by law to any medical leave at all. They are not obligated to hold your job while you are on maternity leave unless you can show supportable evidence that a similarly situated employee who needed medical leave for a broken leg or pneumonia would have had their job held longer.

    Of course you can file for unemployment, and you should. The employer doesn't make that decision and the UI office will make their own decision as to whether you voluntarily quit or not; they will not automatically take the employer's word for it. However, you will not be eligible for benefits as long as you are unable to work; NOT because the employer says you voluntarily quit, but because in order to qualify for benefits you must be able to work, actively looking for work, and available to accept work if offered.
     

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