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Was terminated

Discussion in 'Termination: Firing & Resignation' started by Caburns45, Feb 4, 2017.

  1. Caburns45

    Caburns45 Law Topic Starter New Member

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    Jurisdiction:
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    Was in bad car wreck Aug 6 2016 Was thrown 30 feet out of driver's side window landed on left side had to have surgery. I have been off work Aug 6 2016 to Jan 4 2017 I have been under Dr care wasn't released in till Jan 4 the day my job got release I called to make sure they had it Janet said yes I will call you when I find a place for you she asked me what all did I know how to do I told her she I will call as soon as I find a place for you .the next day she calls and says that I exhausted all benefits and they was slow and they was going to have to terminate me I said what she then said it wasn't up to her but not to worry she was putting in for my unemployment are you kidding me I been under Dr note she said sorry she never said anything about attendance before the accident and if she did u hasn't missed any days after that in til car wreck and the days I missed before was due to having staph and I had uti track infection and have Dr papers on that I never just called in .when I had this car wreck I lost everything been sleeping in my car I took everything I had to get another vehicle do i could go to work when released and just got this apartment the day before my termaiation they are fighting on unemployment too now I'm fixing to lose my car and place what do I do
     
  2. army judge

    army judge Super Moderator

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  3. Caburns45

    Caburns45 Law Topic Starter New Member

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  4. Betty3

    Betty3 Super Moderator

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    Even if FMLA applied, it's only 12 weeks of job protected leave. I don't see where your employer did anything illegal. The state decides if you receive unemployment ins. (though your employer can contest). If you are denied UI, you can appeal. You will need to start looking for other employment.
     
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  5. cbg

    cbg Super Moderator

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    Nothing in the law says that you can't be terminated as long as you have a doctor's note. Nothing in the law says that you are entitled to unlimited medical leave as long as you are under a doctor's care. In your state and most others, you are entitled by law to up to 12 weeks of medical leave - after that your employer has the right under the law to terminate your employment and hire someone who is able to be there and do the work.

    Unemployment is a separate issue. You have the guaranteed right to file; your employer has the guaranteed right to contest; whoever loses has the guaranteed right to appeal. However, in order to collect unemployment, you have to be able to work, actively looking for work and able to access work if offered to you. If your doctor has not cleared you to return to work, I would expect you to be declined and for any appeal to fail until he does. I would expect you to be able to collect after your doctor clears you for full time work, but not before.

    I hope that you are doing better.
     
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  6. Caburns45

    Caburns45 Law Topic Starter New Member

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    Thank you I did appeal I just pray I win because I am losing everything i have thank you for your time
     
  7. cbg

    cbg Super Moderator

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    Have you been cleared by your doctor to return to work?
     
  8. Betty3

    Betty3 Super Moderator

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    It "sounds like" to me OP was under doctor's care & wasn't released from care until 1-4 & that's the day/date employer got the release. (wording isn't entirely clear?)
     
  9. cbg

    cbg Super Moderator

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    Yup - which is why I'm requesting that the OP clarify.
     
  10. Caburns45

    Caburns45 Law Topic Starter New Member

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    Yes the day I was I had it faxed over and the next day they terminated me
     
  11. Caburns45

    Caburns45 Law Topic Starter New Member

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    Faxed
    Thank you
     
  12. Betty3

    Betty3 Super Moderator

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    Since you have been released for work by your dr., you should be "considered" for unemployment ins. Good luck on your appeal. If you haven't already, you need to start looking for other employment.
     
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  13. ElleMD

    ElleMD Well-Known Member

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    Start actively looking for work and you should be fine. UI isn't a substitute for disability insurance so you may need to eventually provide a release note from your doctor to the UI office, but they will let you know if that is necessary.
     
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