approved for fmla...while fired????

[jen1078]

What is the name of your state? Michigan

I had been terminated from a bank on 4/25/05 for not comming to work, although I notified manager I would be going to a doctor while I was on aproved vacation, but thats a whole other story. Basically I will start at the facts that I was approved for FMLA on aug 10, 2005, a bit bazarre I know. I have never been reinstated at any time and I have been fighting with the Bank hr dept on my case since 4/27/05 the day I was notified by email, that I was terminated. They did not even supply me with any fmla-disability papers etc untill June 05 when I threatned to sue. Well anyhow, I had the papers filled out by my doctor and they (the bank) sent me a letter and stated although I was approved for FMLA i would not recieve any short term disability benefits because my doctor only wrote the dates I was in his care were 4/25/05-5/2/05 and oin order to recieve benefits I would have to be out more than 5 days (40 hrs) in a 30 day period, which that was...so that made no sense at all to me. Additionally they claim now, on aug 10 2005, that fmla would have been approved and my termination date will change to May 6, 2005,. This day I wrote an email to a employee relations rep (hr) repling to his email stating my case was closed after reviewing everything, although that only includedt hings from my manager who fired me, he had not even recieved all my proof and documents and this rep told me termination still stands and it will remain as reason "Voluntarily Quit". When that was not the case at all. I then replied back that I did not want my job back because who would, in the branch where I was daily harrased. I was not employeed at this time was fighting for voluntarily quit to be changed so atleast I would be able to collect unemployment benefits. But the bank is claimimg that they will change my termination date to 5/6/05 the day I sent the email. SO NOW i AM NOT ENTILITLED anything else form them and I can not have my job back..Is this legal? Should I proceed with a lawyer? Any help you can give me would be great. Please ask any questions, because I know this is very confusing.

 

[jen1078]

fmla and terminated continued....

Also just so you are clear , I have contacted them after recieving this letter and they will not respond back......Should I continue to contact them????

 

[cbg]

Your post is very far from clear. In fact, it's one of the most confusing ones I've ever seen.

I'm not accusing you of being a poor writer - it's just that the facts themselves don't make sense.

Have you contacted the US DOL? They are the regulatory agency responsible for enforcing FMLA.

 

[jen1078]

Thanks for not critizing me more....I am a good speaker...but very poor writter. However back to the subject.......Who is US DOL? No, I have not contacted anyone as of yet, I have been searching the net and trying to figure out just who to contact. I will try to make more clear.
1. Terminated on 4/25/2005 by email when I was suppose to be on Vacation from wed 4/20/2005-4/27/2005.
2. First reason for termination was Voluntarily not cooming to work.???????????????????
3. While on vacation I had seen my doctor for medical reason that had been ongoing. April 20, 2005 was my first visit. On april 25 I also was seen and was told I could not go back to work until after 5/2/05. I did not even get achance to present this paper to my manager since she fired me on 4/25/05 by email.
4. When disputing the termination with HR dept at the bank, I also had told them of my medical condition. They totally ignored that and went on with investigating of harrasment and wrongful termination that occured.
5. After fighting with HR and sending letters back and forth and after they were disputing my claim for unemployment, fianlly in June 2005 they sent me 2 papers stating that I was still terminated and to have my doctor fill the forms out.

6. Fianlly in august 2005 they sent me a letter stating as follows...

"It was determined that while you would be approved for FMLA, you do not qualify for short-term disabilities benefits. Salary continuation for short term disabilities continues a portion of your pay if you have a serious health condition or injury and you must miss more than five consecutive days of work (40 hours in a 30 day period) Since your doctor shows you out for the time from April 25-May 2, 2005 your absence would not qualify under the banks short term disability program. "

7. Then the bank says that they will change my termination date to May 6, 2005 and they even offered me a chance too change my termination code from Voluntarily Resigning to violation of policy. I said no way and they left it as voluntarily resigned.

Is that a little bit better? Thanks again Jen

 

[cbg]

Again, all I can do is refer you to the United States Department of Labor (US DOL) who is responsible for the regulation of FMLA. I have no idea whether or not your employer simply made a clerical error or if there's something else going on - someone with more power than I do is going to have to sort it out.

 

[jen1078]

fmla and terminated continued

Thank You, I am contacting them.