Being denied a day off and then calling in sick

My ex-employer is fighting my unemployment because he is saying I called in sick when I really wasn’t sick. He claims that I was “angry” because I did not receive the day off. He also claims that other employees overheard me saying I was going to call in sick.

There is no company handbook and I have never been spoke to about the attendance policy. I’m not sure what the company rules are on this. I have requested my personnel file and it is blank, no warnings (verbal or written), no write ups, etc. The only paperwork in the file is paperwork related to this unemployment claim.

How could my employer prove that I was not sick? I was fired over the phone when I called in sick and was never given an opportunity to provide a doctors note, etc.

Any suggestions on how I can handle this situation would be very much appreciated.

What state are you located in?

by: Chris

It would be unusual for someone to be suspended.. pending an investigation for calling in sick when they had a doctor’s note, unless the employer has reason to suspect the doctor note was forged.

So, any reason you only mentioned what you had been written up for before and not what the last incident was, that is now under investigation?

by: Anonymous

I was suspended from my job pending further investigation.

I’ve been written up before for being absent for day’s that I had doctor’s notice.

by: Chris

But you shouldn’t be surprised if what you wrote is actually lost on someone who clearly might also be poo pooin’ all the new buzzing rhetoric going on in HR circles right now about how to manage the talent you hire, so they don’t leave.

by: Anonymous

To the jerkoff manager above: I am so thankful I do not work for a heartless fool like you. Some of us actually hold our children and their well being as number one priority. Sorry, but unlike you, my job comes second in that circumstance. I would tell any employer where they could shove their job if they expect me to choose it over my kids. Maybe your kid will get sick and you will be fired as a result of missing days. One can only hope…

by: Chris

I guess that is one way to look at the problem. But, life does happen, even to reliable employees. Therefore it’s a lousy attitude about a final incident, for purposes of denying unemployment benefits when the employee really is dealing with circumstances beyond their control that also interfere with an employer’s attendance policy.

by: Anonymous

As a HR manager I want to pass this on to people.
It is NOT your company’s issue that your kid is sick, you have no sitter, your dog died.

YOU ARE HIRED TO DO A JOB they expect you there, what goes on AT HOME should be left there!

Why should a company give you special treatment because you have a child.. THAT WAS YOUR CHOICE not the companies.

So tired of people thinking Companies OWE THEM!

They owe you a PAYCHECK not a way to correct your home life! If you have babysitter issues hey guess what you should have backup sitters!

YES I have raised two daughters and have felt this way ALWAYS even for myself!

by: Anonymous

I have been with my company since 1986 on and off. So far now I have been at that company for two years, only called off twice. Once because my little dog had a neck injury and the other was due to bad weather. I am terrified of driving in bad weather. I called and called my employer and couldn’t get an answer, it sounded like someone had left the phone on. So I called my manager at her home to let her know I wouldn’t be in. When she got to work and informed the General Manager he said that if I didn’t come in, I could find another job. Am I eligible for unemployment.

What is your employer’s attendance policy and their call off procedure and what state is it?

by: Anonymous

I have been at my job for six months and they extended my 90 days because I had occurrence but they were for my miscellaneous breaks like bathroom breaks and I’m pregnant so I went over some times. Now that I’m on my second 90 day extension I have a couple of occurrence but they are excused because I have doctor notes. But I have used all my hours up and if I call off again even with a doctor’s note they won’t hire me on. Would I qualify for unemployment? I have doctor notes for every day I called off.

I did read some of your comments but if I don’t get fired for my occurrence and they hire me on I don’t qualify for fmla because I haven’t been with the company for a year. I would have to resign when I have the baby. Would I qualify then?

Hi,

I’m not sure what kind of employer you’re working for, but if you read some of my comments, you should know that more than just being about controlling the outcome of UIB’s,

I’m very concerned, that for whatever reason, American workers ignore the possibility their rights as an employee might be being stomped on by an employer, while you still have a job and rights to protect.

So here’s what popped out at me and it has to do with possible pregnancy discrimination.

But, you’re right, at least I think you might be, about FMLA. If you’re currently a temp employee trying to get hired on as permanent, you might not actually be the employee of the company you’re working for that is treating a pregnant woman like any other employee.

FMLA is an employee right when you have worked for a company with 50 or more employees for 1280 hours (about a year).

However, I don’t think you read anywhere in the Q&A’s where I tipped anyone to quit their job because they didn’t qualify for FMLA.

I tell them to put in writing a request for a medical leave, backed up with medical documentation from a physician ordering them to be off work for health reasons.

Additionally, since I have no idea what state you’re in, there’s a few that actually have temporary disability unemployment benefits that allow even those left out by FMLA a shorter period than the max 12 weeks off after the birth (to bond you know).

If I don’t explain well, I’m sorry. But for purposes of unemployment, the name of the game is avoid being the moving party, unless you believe you have strong proof to prove you had good cause to move first.

Quitting is moving first.

by: Anonymous

He has been working for this company for about 10 yrs. He hardly ever calls in or is late. I can count on 1 hand in the past couple of years he was late or called in. But my daughter has been sick and he has also this past year. Not to mention I was diagnosed with General Anxiety Disorder this year and suffer from asthma. He missed 2 days in 2 months recently and they warned him, he would be terminated if he calls in again. The call ins were related to sickness, would he still be able to collect unemployment if he is fired. we live in NY state.

I have answered similar questions many times about getting fired for being sick.

Document, document, document the reasonable justification by providing the employer with notes from doctors, and of course a copy for your own records to use as evidence, and in this situation, if he works for an employer with 50 or more employees and they are required to comply with the FMLA, have him ask his employer about an intermittent FML, the point is to protect one’s ability to prove the absences, and the tardies are beyond the individual’s control while still complying with the employer’s call off procedure.

They can fire him without the FML to protect his job, but if he covers his ass for every occurrence by providing counter documentation to them, such as doctor notes, it becomes difficult to prove the absenteeism was intentional and willful work related misconduct.

by: Anonymous

I had a injury occur about a month ago now have to do physical therapy I sliced my finger on a piece of metal at work had to get 2 stitches on the knuckle of my left index finger the day it happened I didn’t go to the er didn’t seem to bother me that much guess my adrenaline was running.

The next day after working 6 hours and the pain got unbearable I asked my boss if I could go to the hospital to get it looked at and as I was showing him what I needed to get looked at he told me that if I go and say it happened at work whether I failed or passed the drug test that I would be fired and I did not take this lightly because there has been 2 people since I have been there that as soon as they r off their restrictions he “laid them off” so I didn’t take the threat of losing my job lightly was wondering if there is anything I can do about this now?

When you are injured on a job, your basic issue isn’t unemployment benefits, it’s worker’s comp.

What the employer has done/said is the wrong thing for him to do.

I wish you had provided the name of your state so I could have linked to more information, but you can still google it.

As far as unemployment goes, you need to take care of this issue, by the book otherwise as I see it, you would be destroying your credibility and helping the employer if, by some chance, he fires you anyway, for something else.

I think all employees lose ground every time one employee gives into these types of very questionable, quite possibly, illegal threats.

In my mind, they amount to extortion.

However, after having said all this, I’m curious as to why you chose a question entitled “calling in” to put your comment/question under.

by: Anonymous

Hi
I’ve been working at this place who likes to never hand out unemployment. I’ve been there over a year and work 30 to 35 hours a week. Prior to working there I was diagnosed with arthritis and is now 10x worse than before.

I want to quit so bad because I go home every day crying because I’m in so much pain but know they hate me and won’t take it lightly that I want to collect. Now they have us pouring water jugs and carrying water cases my body can’t Handel it no more I want to quit. What should I do please help me your my only hope.

Hi, Anonymous

Did you happen to try using the search bar in the upper right of every page and read some of my prior answers on the subject of quitting for health reasons?

Chris

by: Anonymous

My husband worked for the city and had been there for over five years. He got transferred to a new department about 1 year ago. After his transfer, he had to have knee surgery which kept him out for 3 months. Once back at work our two kids both kept getting sick with flu and pneumonia and strep throat, so I used up all of my sick time to take care of them, so he had to help out by staying out some to take care of them.

Then in March he had a car accident which caused a back and neck injury, and the very next day I had to go to ER for kidney stones which resulted in surgery and an overnight stay at the hospital. He had doctors notes for everyday he was out even from the kids doctor saying that he was the one who brought them in.

He had a note from his doctor about the back and neck injury and a note from the hospital saying that he was there with me for surgery. Once he went back to work after all this, his dad had a massive stroke and he was out because of that for one day.

He then went back to work again and about a week later he got really sick at work and I had to actually get off work and go get him and take him to the doctor. He passed out in the car because his BP was so high. The doctor kept him out of work the next day and said the BP was probably related to stress at work, from his dad and he also had a severe sinus infection. He went back to work after this and worked for two weeks straight and then one afternoon his supervisor came up to him and told him to get his things and leave that he was suspended pending a hearing for his absences.

After the hearing he got a letter stating he was terminated. He went the next week and signed up for unemployment and after 3 weeks got a letter that he was denied due to the employer stating that he had been warned about his absences, which he did get one warning back in Feb. Never got an oral warning or anything. His supervisor actually seemed to be compassionate about the rough year we had been having. He is going to appeal the denial but what are his chances for being approved?

Hi,

His chances should be good as long as he submits ‘all’ his medical documentation which he provided to the employer also.

by: Anonymous

I worked for a temporary agency and my contract ended. I do not understand why they are saying I was discharged for the above comment title.

All I can tell you is that you mentioned “temp agency” so if it’s not true, that’s why.

I am not a fan of the strategies used by many temp agencies merely to control their UI tax experience rating.

Do they lie outright to unemployment departments? You bet.

Do they twist the facts to sound intentionally bad for you? You bet.

Do they go to unemployment hearings with weak ass cases in the hopes you won’t attend or at least, don’t know how to fight back? You bet.

But my curiosity was peaked when I noticed under what submission you asked a question, via a comment under.

Why are you asking under a submission that was titled “calling in”?

by: Anonymous

A few of these sound like they were in conjunction with illnesses of an immediate family members; if you find yourself in a situation with a seriously ill family member, file for Family Medical Leave right away, it allows you to take off up to 12 weeks per rolling calendar year, and it does not have to be taken all at once. It preserves your job for you while dealing with your own or an immediate family member’s serious health condition.

by: Anonymous

Both myself & my daughter were sick (at different times during the year). The doc kept me out for a week each time. Even though I had sick time to use, my employer gave me a verbal & written for attendance. They counted each day as separate occurrences even though I was out 5 days consecutively.

Now my daughter is sick again & the daycare won’t take her. My job is threatening to fire me if I don’t go in, even though the docs note says stay home & my daycare won’t take her like this! If I get fired, can I collect unemployment in Massachusetts if I’m fired due to attendance? (Even though, I have doctors notes for all my time used.) I have been with this company for a year now.

The following is copy and pasted from the Massachusetts DUA Service Representatives Handbook:

1322 (B)
(B) Unreasonable Application of a Rule
A claimant was discharged because he exhausted the number of allowed absences provided for in an attendance rule. You determine that the final absence was due to an unusual circumstance beyond the claimant’s control such as caring for an ill child. You determine that the rule is unreasonable as applied to the claimant because although it protects a legitimate business interest (unnecessary absenteeism), the claimant attempted to explain the reason for such violation to the employer and an unusual circumstance negated adherence to the rule. Therefore, the claimant is not subject to disqualification pursuant to §25(e)(2) of the Law.

You tell me, do you think you will be able to get unemployment if the employer fires you, and you provide doctor notes for each occurrence you have been written up for?

by: Anonymous

I won too! I just wanted to let everybody know in case they have questions that I could possible answer. I was the one whose son was sick and never had any warnings.

That terrific, because if you hadn’t, I would have not understood why not:)

Chris

by: Mr Smith

Thank you Chris!!! Your website helped me to win my appeal… I can’t believe I Won!!! The employer fought me every step of the way but in the end I was victorious because they could not prove willful misconduct…

What a relief, eh? I love stories of victorious unemployment claimants!!

Chris

by: Anonymous

When I applied for the job I like the idea that it was a part time seasonal position and because I had kids, during the months of them going to school I would only work 2 and 3 days. My boss then got fired and I had to work more because I was next in line for being the boss. So I was working 4 and 5 days a week. I have two kids whom get sick, babysitter quits, school, doctors appointments etc. So on top of calling in some times for which I have doctors records, I had to request days off to take them to the doctors, etc. So my employer, “let me go” saying that I should take care of home and my family and they need someone to be available all the time. Can I be denied because technically I was let go due to be absent?

When discharged for attendance you might still be able to collect unemployment if you can effectively rebut that the reasons for the absences, particularly the last absence was a legitimate reason and something beyond your control.

Parents with children have an obligation to take there kids to the doctor when they are sick, therefore the reason I harp on having dr. notes or some type of documentation to provide to the employer.

They can fire you if they want, but it will not necessarily be for misconduct if you can show a valid and compelling reason for being absent.

If you work for an employer that must comply with FMLA, and you have a sick kid and they are writing you up for taking your kid to the doctor or because daycare won’t take them for the day, it’s time to ask your employer about what you have to do to get intermittent FMLA.

If you it’s there for you, use it, but don’t abuse it.

Hi Mrs Smith,

You weren’t fired for an attendance issue then, you were fired for job performance.

You should file for unemployment because the employer does not have a clear cut case of misconduct. You should also make yourself aware of the employer’s rules and policies, including whether the rules allowed for you to be placed on probation for one incident of being tardy.

The employer has the burden, so the first thing anyone who has been fired should check is whether the employer followed their own rules.

Even if the probation used language such as “further violations may include discipline up to and including termination”. it is the final incident that must be shown to be the misconduct.

Since I’m not aware of what the employer’s rule is about cutting up patients’ meat. I don’t know whether your failure to do so is an egregious neglect of duties or not, but if it is. I would be likely to argue that it was a one time error and one that did not rise to any level of misconduct because the employer assumed something instead of verifying what he should of. that the patient ate the “alternate lunch”.

Your attendance is not at issue, although the termination might have been precipitates by the employer’s anticipation that attendance was going to become a problem.

by: Mrs Smith

The final incident that led to me being fired was the incident that I talked ab out happened in the dining room the supervisor said he wrote me up because I wasn’t performing my job properly by not slicing a resident meat so he assumed the patient did not eat which wasn’t true the resident ate the alternate lunch and if the administrator would have investigated the claim the claim against me he would have found out that the patient did eat lunch. I was fired because they claim I had to many write up’s which was not true I had one write up for calling in one time in a 6 month time period and that’s the reason I was on probation. I had no prior write ups or suspensions only a write up for calling in after being employed with the company for 6 and a half months. Do you think I have a chance to win my appeal hearing??

by: Mrs Smith

I was fired for having multiple write up, but only was officially written up once for a call in when my child had to be hospitalized. I had no prior write ups only a warning or two about being tardy which I fixed the problem by showing up on time for work from there on. I had documentation proving the reason why I called in and it did not matter to the administrator. I was officially written up and placed on 30 days probation after being employed at NSLC for 7 months and never calling in.

A few weeks later a coworker was promoted to supervisor and he wrote me up because he felt that I was not performing my job properly because I didn’t cut a patients meat up for her on her lunch tray. The administrators that fired me did not investigate the claim of the supervisor that wrote me up, because if he would have he would have found out that the patient ate the alternate lunch and wanted the keep the plate because they were other things she wanted to eat on the tray. I feel that I was wrongfully fired, because I was placed on probation for calling in 1 time and I have a history of showing up for work and not calling in. I was denied unemployment benefits and I have an appeal hearing coming up soon. Do you think I have a chance to win my appeal in Louisiana under these circumstances??

Hi Mrs Smith,

Please, just tell me what the final incident was that prompted the employer to terminate your employment.

by: Anonymous

I have had a similar problem recently. I called in saying I would either be late or could not come in because my babysitter had an emergency. I have never called in or even been late at my job. My boss called me and said if I do not come in I will be fired. Can I collect unemployment?

by: Anonymous

I have been fired due to calling because my son was sick and I did not have a babysitter. I was never warned by my employer that if I call in again I would get fired. I even had sick days left and I still got fired. My boss called me and told me I was going to be fired and said he would not fight me on the case because he knew my circumstances with my son. Will I be able to collect unemployment?

Yes, you should be able to collect unemployment.

Being fired after a car accident that cause work restrictions an employer couldn’t meet, in their opinion

by: Chris

It would be useful to know which state this happened in, but typically, if an employee is released back to work with physical restrictions that temporarily, or permanently prohibit them from completing the essential function of their job, then yes, because having a physical/medical restriction itself is not work related misconduct.

Also typically after you apply for unemployment, it may be necessary to show the UI dept. your medical documentation and any communications with your employer to explain the situation and request a work accommodation until fully released to establish you didn’t voluntarily quit, because one shouldn’t just assume an employer will accept the fault, which in some cases, might be admitting guilt of violating the FMLA when applicable, or the ADA, or for purposes of UI an at-will choice to end the employment relationship for something other than misconduct connected to the work.

by: Teddy

Shouldn’t i be able to claim unemployment benefits if i was in a car accident and my doctor released me to go back to work with restrictions and my employer was unable to provide a position that falls into those restrictions and then fires me saying that i was physically unable to work period? I am able, just with restrictions.

by: Anonymous

I am a 65 years old person broke my ankle I am a commission sales person at a major retailer. I have been on leave for 14 months because my doctor says I cannot work but being told to come back or be fired can’t walk or stand no longer than 30 min at a time if I am fired can I draw unemployment?

You tell me your doctor says you cannot work. That alone would make unemployment benefits not possible because one of the primary conditional eligibility issues is that anyone collecting, must be able, available and looking for work.

But, something else you said makes me wonder if your doctor orders aren’t that you can’t work at all, but can with certain physical restrictions which might be accommodated.

You said you cannot walk, or stand for longer than 30 minutes, therefore, I’m thinking you could work if the employer would allow you to come back if a work accommodation could allow you to get off your feet every thirty minutes.

Has any of this been discussed with you?

You also didn’t mention where you broke your ankle, or if at work, whether worker’s comp comes into the picture.

You also didn’t mention specifically what state you’re in because after 14 months of leave, it may be beneficial to know if your state has the option of using an EBP (extended base period)

But I want you to know it’s not unemployment you should be looking into right now, but whether your employer has violated some employee right that you might apply to your situation.

Possible things:
Age discrimination
Disability discrimination
Rights under the Americans with Disability Act.

Unemployment is an after thought few people think of in terms of being possible by way of first doing everything possible to preserve a job.

by: Virginia

I had a small heart attack and slept through it and for 2 days.

The lady in HR department at my work gave me forms saying I was eligible for FMLA. She told me to fill them out and take them to my doctors.

I could barely walk, barely talk after waking up. The doctor said I have an irregular heartbeat. Now my work is okay with me being out for 2 and a half weeks, but I went back to the doctor today and my doctor said I don’t care if you’re dying. I was going to fill them out but I don’t feel like it so I never got my forms filled out to take back to my work. so now I have 12 days left of the 25 day waiting to get the form signed and I don’t have anybody to Sundance even after my doctor said I have an irregular heartbeat I can be fired in 12 days and don’t know what to do.

Hi Virginia,
First, I’m not sure what you’re telling me and I have no idea why you chose this question to leave a comment.

What did your doctor say to you? I tried several time to make sense of what you wrote, but couldn’t understand exactly what is causing the problem and I certainly don’t know what you mean by Sundance.

Please take your time and communicate clearly, so I know how to answer you.

by: I live in Florida

I have been approved before for fmla but this time I was ineligible because I only worked 1097.3 hours. I did confirm with hr and I also received a denial letter from fmla. I just wanted to know how much of a chance I have for getting unemployment even after not being able to prove what was verbally said by my supervisor.

Another thing I wanted to add was that I feel that my employer set me up to fire me and not get unemployment. For instance, because I was already 1 step away from being fired, for the month of January my performance metric was below the requirement so technically I was supposed to be fired for that. I have documents to prove that and a copy of the company’s policy stating that if you are below the monthly goal, then u should be placed on the next level towards termination. I believe they purposely fired me for attendance so I won’t get unemployment. If I need to appeal, can I also use that information for my defense of getting unemployment.

Do you really want to try to show that you should have been fired for performance instead of attendance due to what I’m only presuming to be some medical problem??

Chris

by: Anonymous

If it were me, I wouldn’t assume I couldn’t collect unemployment during this time for the mere fact that your doctor did release you back to work, but with restrictions.

In many states, when the employer cannot or simply refuses to accommodate the restrictions, it is seen as the equivalent of a temporary layoff and unemployment benefits may be the lesser of two potential liabilities. However, they will rarely tell you that UI benefits are possible, which is the lesser.

I.E., it can be a lack of work claim because the employer has no suitable work for you to accommodate your physical restrictions

Considering they’ve refused to let you use a scooter, I’d try for benefits, if you’re not receiving STD.

I wonder what they’d do if you were a job applicant vying for the position and got around in a wheelchair due to the permanent inability to walk or stand, come right out and tell you that you’re not physically capable of performing the job due to your inability to walk?

Of course, they need hiring processes and strategies in place already because all employers have to be concerned about violating the ADA or some other federal act which serves to protect people from discrimination.

Employers can’t discriminate on all those thing the EEOC mentions, like age, race, religion, disability etc, that IS breaking the law and the larger liability.

So, with the little info I do have, what they are doing sounds potentially, like disability discrimination,

We know in our hearts that discrimination does go on, but what always makes it hard to prove are the processes and the strategies.

It shouldn’t matter that you are already an employee, and the only thing that has changed thus far is a temporary disability, and the employer’s perception of your ability to do your job within those temporary limitations.

I’d say, it’s the employer walking out on thin ice here.

As far as documenting verbal conversations, it’s easy if you send a email reiterating the contents of a conversation and your understanding of what was said by asking for a confirmation you understood correctly.

By the way, this is just one American discussing with another.

To get legal advice, you need an employment lawyer.

by: Anonymous

I live in N. Carolina. I am a nurse. I have worked 40 years and have never collected unemployment. From the beginning of my injury I offered to work from home or at work but they declined. Too much liability if there with a boot etc. I am an educator but also it requires me walking a lot and possibly standing for hours as they add more to my job description. I could have done so much even with restrictions as well as now but again they refuse. They put someone in my place temporarily until my return but she left.

When I last saw HR I even asked for a scooter to work to decrease walking and they would not do it. Of course much of what occurs is either not answered by email or told to me verbally but because of your previous comments I did write a letter requesting the leave, they signed it and I have a copy.

They choose the return date I did not. So they put the 30 day limit. I did tell HR my Dr. said I would be able to walk without restrictions by then but then learned standing for hours at a time would possibly require another 2 weeks a total of six weeks. They are not aware of that yet as I feel I will not know until closer to the 30 day extension how I would be able to stand etc. I see my Dr.in 2 days. I will have him put return by the 30 day limit date and then as I get closer and if I find I cannot return fully I will have him do another note.

So I am still employed and willing to work but still not eligible for U because I still in reality have a job with benefits until that 30 day expiration date. It is so complicated. I am sure they will do all they can to work it to their benefit but I want to do the same. Thank you for all your advise. Any is very helpful to help the little person in all this.

by: Anonymous

Since writing my Dr. said I could return to sedentary duties. Again my employer refused. Because of what I learned from your writing I asked for a personal leave. They granted me 30 days. I was under the impression that my Dr.felt I would be 100% by then but now says 6 weeks instead. My work thinks I will be back in 30 days. My work requires a lot of up and down, walking and standing. I will shoot to return in 30 days but may not be able.

The words HR used with me when meeting them the other day before handing them a request for personal leave was I would be released if I could not fulfill my work duties. So if I cannot return at 100% at 30 days they will release me. Will I then be eligible for unemployment. I have never collected in 40 years of work. Me being released in a way would be a fault of my own? or then again not really as I am willing to work. I have documentation as such. Also what will happen to the w/c claim if I am released and it is still open?
With much appreciation.

——

Hi,

What state is this?

If they release you the discharge should not be your fault as long as shortly before that personal leave terminates you contact the employer again to request an extension, and it wouldn’t hurt to get documentation from your doc with a specific date this time.

They can do this, however the goal here is to keep trying to preserve that employment relationship so it doesn’t look like a failure to return from a leave, therefore remaining in contact and giving them medical documentation, so when or if they do release you, you can be approved for benefits and start collecting at the date your doc clears you for work.

If they hadn’t extended the leave, it’s because you weren’t totally restricted that the discharge would have been without good cause for the employer.

I ask about the state, because in many states, their failure to accommodate a medical restriction is actually the equivalent of a temporary layoff, as you are able and available to work, just with the restriction.

Worker comp, ain’t my bag. I do know it’s something else that varies by state and that those lawyers that like those kind of cases advertise on TV.

Go to your state’s department of labor website and find a publication guide about worker’s comp.

I had to do this recently for my stepson, and it took a while, but I did finally figure out the employer had responded to the report of injury all wrong.

by: Anonymous

I was out on w/c for 1 month from an injury at work. I collected at that time and they charged 4 weeks toward my 12 week fmla allowance.

4 days after returning I injured myself at home breaking my foot, requiring surgery and have almost used my 8 week fmla.

My doctor has stated I can return to work with sedentary duties.

My job does require a lot of walking.

I have not received notice from work if they will let me back with limitations.

I am 3 days from going back and fmla being expired.

What should I do? My w/c case is still open.

If they will not accommodate my restrictions should I ask for personal leave?

If they do not honor that then can I collect unemployment? What would you suggest for documentation to cover myself.
Thanks

My suggestion is to present the medical documentation with the restrictions and if the employer refuses to accommodate those restrictions, file a claim for unemployment benefits until the restrictions are lifted and you can return to your regular duties. The reasoning here, is that the employer’s inability to accommodate the restrictions presents a lack of work, because your physician hasn’t fully restricted you from work.

All because you’re not talking about the worker comp injury now.

However, it’s always a possibility that your employer will terminate your employment because you have exhausted FMLA, so the request for a personal leave isn’t a bad idea just so you can show you made that effort to preserve your employment. You might make this request for a personal leave citing that it’s being made under the ADA, those three letter can sometimes give the employer pause about what to do next.

by: Anonymous

I was approved for a fmla for 3 months and then a personal leave for an additional 4 months. I was told that the personal leave is a break of service and they are not required to hold my position if they can’t. I contacted them in between my 4 – 5 month period of being out inquiring what my options were as my return date on my approved personal leave was approaching. They told me they already put someone in my position. They never notified me, offered me options with restrictions and when I inquired what date I was specifically let go and they couldn’t answer me. What can I do? FYI – I’m in NY

File for unemployment when you’re able to go back to work, if the employer doesn’t return you to at least some type of “suitable work”.

And of course, it should go without saying that your request for work and any response from the employer saying they don’t have anything or that you must reapply should be documented.

And don’t forget to take the next logical step of submitting a new application and if they do offer you a position, get the details in writing as well.

Because even when you do this right, employers often try to create a refusal of work issue out of it when you finally do apply for benefits, and sometimes with good reason.

Although the laws should be construed favorably to whom they are intended to help, the laws themselves throw up so many hurdles as to often appear as if they don’t want anyone to get benefits.

Unemployment benefits try to kill initiative to better yourself by threatening the loss of them in many ways.

So it is very important to understand what a state determines to be suitable work for you, so you don’t refuse it when it is offered.

by: Beagles

I was injured in July 10. Was off work for 10 months. I do live in Indiana :) I have been on LTD thru my employer; who has recently let me go. (FMLA) was exhausted.

My doctor has returned me to work duty with restrictions. I have no job and was wondering if I could file for unemployment benefits.

Any light you can share on this would be greatly appreciated.

The horrible part is I still hurt, nothing they can do for me–

Yes, you should file if you haven’t already. The reason it’s okay to file now is that you were medically released to at least do some type of work and that makes you able and available for work.

But if you are still receiving LTD, please check with the department to find out if this will effect your benefits in any way, solely as a precautionary measure to be fully informed about what might be reportable income when filing for continuing benefits.

And one more thing. You are fortunate to be in Indiana, because IN does offer the option of an ‘extended base period’.

Not all states do, and when they don’t, it usually has an effect on those that were barred from work due to an injury that takes a long time to recover from due to monetary requirements for a valid claim.

by: LeonardJeannine24

Business loans are essential for guys, which are willing to organize their own company. By the way, that is comfortable to receive a secured loan.

Just so you know, links are reviewed by a human being before I publish them.

If you want to exchange links, then contact me, I’ll consider it.

Chris

by: Anonymous

My FMl run out. My job laid me off and I was just release to go back to work. Do I have any rights to get my job I work in San Francisco, ca my job duty was an janitor.

I don’t believe you have any right to get your job back, but you should ask.

Since you have now been released to go back to work, you should be entitled to unemployment benefits though.

by: Anonymous

I want to know if my employer can fire me if the doctor gives me restrictions? I’m on WC in Florida. Like if the doctor puts me on 6 hour shifts and they want me to have open availability can they fire me? If they do, what are my alternatives? UI while on Workers Comp? Thanks for any help you can give me!

Employers can pretty much fire you for anything they want. But when an employer fires a person when they can still work, but are limited by medical restrictions or limitations, they should do their best to find some kind of work for you that fits to those restrictions if they don’t want to pay unemployment. The reason is because you are still able to work and if they fire you it is not for work related misconduct.

The problem is that worker’s comp payment make you ineligible for unemployment benefits in most states, but of course you would become eligible after those payments end, But often the problem then becomes the base period of an unemployment claim unless the state has an “extended base period”. Florida doesn’t have such a thing.

I do not have much knowledge about worker’s comp, that’s a different set of statutes and my honest advice is that anyone who is injured on the job and begins to have problems with their employer has an imperative need to find a lawyer that specializes in worker compensation claims. This includes having one check over any settlement the employer might offer.

Lawyers are a lot easier to find for this type of claim as when compared to unemployment.

by: TZINN700

Where to start? I was on FMLA and STD for 12 weeks for mental health reasons and severe migraines. Those were both exhausted and at the end of July I was told that I had to come back to work or I would be terminated, I talked with my doctor and he release me (because I didn’t want to get fired) only to go back part time.

My employer was not happy with this and said they would only honor it for 30days. I said at 30days I would get re-evaluated by my doctor. At 30 days I was re-evaluated and he said I still need to be on reduced hours.

That was sent into my employer and they said they could not accommodate that requirement, and my two options at that point were to go to work full time or to go on medical leave (un paid, with no job security when I am ready to come back). Since then they have also been terribly difficult to work with making it virtually impossible for me to even be there, what I want to know is that if

I can’t work full time, and only a reduced work week and they wont honor that from the doctor and I quit rather than go on medical leave can I collect unemployment? OR if I go on medical leave and they do not have something for me when I return can I collect unemployment? I feel so stuck and I don’t know what I should do, I tried to work full time this week and I couldn’t do it, I called out one day and was late two others… this is not going to work.

Hi,

First, I would really like to know what state we are talking about. The entire subject can vary depending upon the state.

Secondly, if the employer cannot accommodate your restriction, file for unemployment when they stop allowing you to work part-time.

Generally, speaking, you do not need to quit because the employer has effectively presented you with a lack of work due to their inability to accommodate your restrictions.

Taking an unpaid medical leave is just you trying to preserve your employment, you still have the documentation from your doctor allowing you to work part-time,

And finally, the employer will eventually fire you just to eliminate the ongoing problem you are presenting to them.

by: Anonymous

Just to follow up i did get UI thanks for all the help

That’s great to know.

All the best,

Chris

by: Anonymous

Thanks they want me to do a fact-finding interview over the phone so I guess I’ll find out then. thanks for your comments

Just a reminder that it’s handy to have any documentation ready to go that proves what you say, documentation from the Dr. releasing you to light duty, letter from employer saying they have no light duty work available, etc.

Offer to fax it to the interviewer.

by: Anonymous

I was working on my house a feel from a ladder breaking my ankle. I work for the board of education of NJ and we don’t pay into short term disability hence I couldn’t collect disability.

My work put me on medical leave and it has been 8 months now. So mind you I’ve had NO income this whole time. My question is my job is saying that I have exhausted all of my FMLA time and if I wasn’t back to work by Jan 1st 2009 my employment was over. My question is I was released to go back to work Light duty and was told by my employer they don’t offer light duty so now my employment is over with them can I get un-employment because I’m released to go back to work light duty however they don’t offer it. I’m still not released full duty. thank you for your time.

Yes, I would think you would be able to collect if the employer won’t allow you back for light duty because they have no work that is suitable and you are able and available for work.

by: Chris

Hi Anonymous,

I am truly sorry to hear about your situation and I’m afraid that I don’t have any advice or saving good news to offer for your situation, just as I haven’t for many people in a very similar boat who have been contacting me.

I can though, address why I don’t.

As far as the unemployment goes, since you are no longer under the care of a doctor I would say that your availability for work is now self imposed by your own knowledge of what you can and cannot do.

But the reason you cannot collect unemployment benefits now on wages earned 2 years ago even if you had documentation showing ability to work is because Michigan, like most states, do not have what is known as an “extended base period”. Without an EB, even workers who have lost their job due to a lengthy worker comp claim will find they have no earnings in the standard base period which is used to determine monetary eligibility.

It’s just another example of how screwed up the system is.

Additionally, another thing that popped out at me as a big question mark is the fact that you were told you couldn’t apply for SSDI if you were not currently under the care of a doctor, that just sounds weird because that would exclude so many people from applying.

I suggest you verify that information with the Social Security Administration for Disability I gave it a quick read and I did not see that as a requirement to apply, but they also have a toll-free phone number to ask questions.

I wish I could help. If someone out there knows of anything that actually does help or can provide help, let us all know.

Chris

by: Anonymous – MI

I have a similar situation to the above (Indiana) person. But, I did exhaust all of my FMLA. I was put on several leaves for fibromyalgia, CFS and other conditions. In between these leaves, I did my best to go to work, pumped full of painkillers and other meds.

I was working in what became a hostile environment, at a doctor’s office, which severely exacerbated my medical condition(s). I was fired from my job in late January of 2008. I knew at that time because I was “unable” to work, I could not collect unemployment. Four months after my termination, my husband lost his job in the auto industry and there went our insurance and everything.

My physician of 17 years, who diagnosed me with everything and put me on all these leaves that ultimately cost me my job, would not see me anymore because I no longer had insurance. At one of the last appointments I had with him, he said he thought it was time to start SSI paperwork. I called attorneys and was told I could not file for SSI because I was no longer in treatment or under a doctor’s care. I tried to get Medicaid but was told we make too much (with my husband’s unemployment) and I can’t afford it on my own, even with the HCTC, it is financially impossible.

My family is now, between my husband and I both losing our jobs, struggling horribly to keep our home, some food in the house, etc. Since it has been almost 2 years that I was terminated, can I file for unemployment or am I still considered unable to work because a doctor has not officially ‘released’ me to do so?

I feel completely screwed, not to mention devastated by all of this. I feel I am, once again, caught in a pile of red tape as I am ‘unable’ to work and unable to try for SSI because I can’t afford to see a doctor anymore and continue any treatment.

Do you have any suggestions on what I may be able to do so my family doesn’t lose our home.

Thank you

by: Anonymous

**name deleted (to protect this website)** INTENTIONALLY SCREWED MANY PEOPLE OUT OF UNEMPLOYMENT BY ADDING THE FACT THAT IF YOUR BENEFITS WERE USE BEFORE FEB 22 2009 YOU DONT GET THE THIRD TEIR WHICH WAS ALLOTTED BY THE FEDS NO OTHER STATE THAT I KNOW OF DOES THIS CRIST IS TRYING TO KEEP OUR MONEY INTENTIONALLY. ALSO THE APPEALS PROCESS IS A KANGAROO COURT SCAM. KEEP FLOODING THE STATE AND FEDERAL WITH DETAILED COMPLAINTS AND THEY WILL HAVE TO GIVE IT TO US!!!!!!!

Hi Anonymous,

I empathize with your outrage, but Anonymous, please be cautious of using names when making possibly true, but unsubstantiated claims, it’s called libel when written and slander when spoken.

It is for this reason that before questions and comments are published, I must approve them.

Thanks for understanding and I do agree, everyone should contact their legislators and raise a flag

Chris

by: Anonymous

Appreciate it!

by: Anonymous

Here’s where the background info gets a little more complicated…

I originally got injured on the job over a year ago. Work Comp was paying for medical treatment, but forcing me work–with modified duty however. Once again, my job description is walking back and forth. At first I was on light duty in the office, then they made me do 4 hours on the floor and 4 off, then they made it a mandatory 2 off (at least that was some relief-I had to, however, take pain pills after 4 hours of walking)

The end of April Work Comp said I was at MMI -maximum medical improvement-did a final evaluation and released me from their care. I have a lawyer and it will not be until fall when we can settle this.

So, after WC released me, I went to the doctors of my choice (ones that actually had my welfare in mind). One of them wrote a letter asking for special accommodations (similar to what WC provided) and they refused saying, “we won’t because we don’t have to”. I went through HR at that point, and corporate denied me as well.
I tried a week of no accommodations, but my pain was intensified. So, I was forced to go out on FMLA, which I was approved for.
When applying for STD, at first they wanted to deny me because of WC, but they had me sign a release saying I would pay them back when I receive my WC settlement.

Which brings us to where we are right now.
I am physically able to work, but not do the work that is in my job description. I have asked HR about other positions open, but there are none.
My due date back from FMLA is July 9th. After that, I will start accumulating points and ultimately be released.
Sorry this is so long.
Thanks.

Hi,

No problem, I like long:)

I think your situation just puts a glaring spotlight on how vulnerable we can be and how many employers have only their best interests at heart and we need to watch out for ourselves.

I’m glad you got a lawyer. I think many people don’t get one until it is too late and then they find out they’re screwed and if only,…

You are good to go as far as the UI is concerned and I thank you for sharing. I’m certain it will be helpful to someone else.

Chris

by: Anonymous

I understand.
Yesterday I gave them a note from my doctor saying I could not return to work without being able to sit or stand when needed, Today I received word that they refused my personal leave.
Technically, I am still an employee until I point out.
My question now is…I am receiving short term disability and can probably get that extended.
When and if I am termed, should I wait until the STD is exhausted before applying? Or, can I receive STD while I am awaiting UI to kick in?
Thanks again for your help…you are awesome!

Okay, so much for expecting reasonableness from your employer:)

Collecting STD wouldn’t prohibit you from filing, but I’m sure it is “deductible income”. Of course you need to click the current year first.

Since it is deductible, but doesn’t prohibit you from starting a claim, you could do so when the employer terminates you, but you might want to wait until the STD or your availability for work is no longer a factor because employer love to raise the issue of A&A. Just to try and throw a monkey wrench into things.

If you wait until you are medically released and done with the STD, you’ll be good to go. You can offer the medical release and all other documentation which shows the employer terminated you without good cause and through no fault of your own to the state at time of the “interview”. You could do this immediately after being terminated since you do have a work restricted release the employer refused to comply with, but that may be called into question due to the STD.

I’m actually having a problem with the STD with the restricted release. Sounds funky. I’d think the doctor would have to rescind the current release, this is just because I don’t understand how someone can be collecting STD and be released back to work even with restrictions. I might just be being anal, but it’s a concern for me for you.

by: Anonymous

You say, “they cannot insist that work restrictions be ignored without opening themselves up to liability.” Yet, they denied me special accommodations at work. I tried to work without them but was in too much pain. That is why I was forced to go out on medical leave. Evidently they weren’t worried about liability because they allowed me to work when my doctor had requested these special accommodations. This is one of the reasons why I believe I will be denied personal leave…that really don’t care. Plus, while I was out on FMLA, there were 10 people laid off and one was on approved personal leave.
Thanks again, appreciate the assistance.

Hi,

Once your FMLA was exhausted and the employer could not or would not accommodate the medical limitations imposed by your doctor you should have requested a personal leave. If that was (or is denied) they have in essence discharged you. And the circumstances for the discharge are beyond your control, therefore, no fault of your own.

Now, if a person finds themselves in this situation and they have done everything possible to preserve the employment by requesting a personal leave until they are fully released to work by the doctor, since that is what the employer is insisting upon, they would be found eligible for unemployment if the restrictions still allow them to work, but if the doctor has said they aren’t able to work at all, they couldn’t collect benefits until they can prove they have been released by their doctor to work at least with restrictions.

So yes, request the personal leave. If they deny the leave, file for unemployment.

Then the only thing that stands in the way (besides an employer who protest every UI claim that comes down the pike) is the medical release.

It’s confusing, I know. So if I haven’t explained this well enough, just let me know.

by: Anonymous

My doctor doesn’t necessarily want to release me back to work, but since I have a letter saying I must return by the 9th, we were going to try it. I am loaded up with pain pills and also have an electronic stimulator (tens Unit) that I can use at work.
I am really stressing out about this. I am unable to do simple housework let alone walk back and forth (Job description) for 8-10 hours. BTW–they increased our hours to 44 a week while I was gone. I am salaried.
So, should I go ahead and request a personal leave and see what happens? Once again, if denied and I find I cannot work and point out, can I collect unemployment?
THANKS!!!