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Unemployment benefits denied in the state of Florida

Discussion in 'Unemployment Insurance & Benefits' started by Victor Garcia, Oct 22, 2019.

  1. Victor Garcia

    Victor Garcia Law Topic Starter New Member

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    Jurisdiction:
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    I was working for a company and I got ill and I was not able to work for two months. My FMLA was exhausted and my short term disability claim was denied. My employer decided to terminate me after the two months. I filed for unemployment and the benefits were denied or the following reason: THE CLAIMANT REQUESTED AND WAS GRANTED A LEAVE OF ABSENCE WITH GUARANTEED
    RE-EMPLOYMENT. However, I never requested a leave of absence and I was not told I was going to be guaranteed re-employment. I actually received multiple letters stating that if I did not return to work ASAP I could be terminated. On the website there is an option to appeal the denial but I do not know much about the Florida Law so I do not know what I should put in the appeal. Thanks in advance


    Victor
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    You should certainly appeal. When you do you need to provide those letters.

    You really should have provided them on your initial claim.
     
  3. hrforme

    hrforme Active Member

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    had you missed other timeoff due to a serious medical condition of yourself or someone else in your family? Usually FMLA is for 12 weeks, not 2 months. You say your FMLA was exhausted, which means that you probably used all 12 weeks in the last year. You then say you never requested leave...umm, FMLA is leave....and the employer is required to count your time as protected if you fit the eligibility criteria.

    Did you continue to communicate with your employer/HR during your timeoff with updated statuses? Did you state when you expected that you would be able to return? Was it going to be within the 12 week timeframe or did you need more time than that? Did you ever state anything that lead them to believe you would NOT return?

    What exact communication did you get from the employer that you were immediately terminated? Sounds like they said "could" and i suspect their communication might protect them unless they specifically stated your termination date is x. That is different than " you are terminated" or "you will be terminated".

    Your FMLA paperwork should have had language about re-employment when you were ready to return to work especially at any time before FMLA was exhausted.

    Honestly it sounds like there could be some miscommunication on their part and some misunderstanding on your part.
     
  4. army judge

    army judge Super Moderator

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    What you need to do and know, @PayrollHRGuy , has revealed to you above.
     
  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    What are you talking about Army Judge?

    The OP has nothing to lose but some time by appealing.
     
  6. army judge

    army judge Super Moderator

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    I am NOT talking, mate, I was TYPING.


    I typed that YOU had revealed to OP what HE/SHE could/should do, mate!!!
     
  7. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I completely misread the post the first time around. Late-onset dyslexia I guess.
     

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