Thursday 14 August 2014

If i was on FMLA and I was terminated during it.. reasons being unauthorized absense, tardiness act deemed to be contrarty to the employer:...

Question

If i was on FMLA and I was terminated during it.. reasons being unauthorized absense, tardiness; act deemed to be contrarty to the employer: refusal to follow instructions.. its all crap. I have been out due to an illness. In and out of the hospital. I did run out of time, but they paid me. After my last hospital stay I was told to take a FMLA leave by doctors to get my health in order. I filled out the proper paper work and had it filled out and returned. I did see something about a key employee, i left multi messages asking what this meant and no one returned my calls. now I have this termination letter.. can I collect unemployment?



Answer

The issue is whether you were fired for cause or for no fault of your own. the employer may allege willful misconduct ie act contrary to employer failure to follow instructions under some conditions. Did you file for unemployment? i suggest you speak with an attorney to discuss your issue more in depth as these cases are fact sensitive. if you would like to consult with my office you may contact me.



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