Fired while out for major surgery

[Monteiro]

I reside in Michigan and was diagnosed with Crohn's disease in May. I was hospitalized for a week, discharged on a Friday went back to work that Monday and ended up having an emergency surgery that Tuesday. My job was fully aware of my new found health issue and was provided with valid documentation supporting it. I was promoted twice in less than an year. That rarely happens in the automotive industry. I was a damn good worker. I was a couple weeks shy of obtaining medical leave. I was in the hospital for a month and was in touch with them often so they knew how long the process of healing would be. I wasn't even sure. As Id never been sick before a day in my life. 2 weeks after my release from the hospital HR called and said they could no longer hold my (Supervisor) position due to the drop in production but the good news was I could at least collect unemployment and reapply once I was completely healed. I received my separation letter and it stated I quit and something about lack of work. I called HR and asked what that was about. She acted as if she pulled something up on her computer which stated it was involuntary due to a medical condition. I was denied unemployment because I voluntarily quit. I showed up unannounced to HR and asked for a copy of my separation letter...she acted like she didn't know what I was referring to. And printed off some bs piece of paper that said nothing about my separation. I have been without any income for almost 5 months, have lost everything and really need some help. Not sure what I should do.

 

[Zigner]

Did you appeal the unemployment decision?

ETA: If you are unable to work for medical reasons, then you are not eligible for unemployment. Not sure that this applies, but wanted to point it out.

 

[FlyingRon]

If you are represented by a Union or Collective Bargaining Agreement you can seek relief there.

You can be fired while on medical leave if they have a reason (which they appear to have stated) other than the fact that you took medical leave (or some other protected reason like racial discrimination, etc...). Just because you are a high quality employee doesn't mean you are immune from being released when there's no work. In fact, a lot of the higher up guys get chopped because they're getting paid more than the lesser guys.

I think your HR guys also misstated things. You can not get unemployment until you are medically able to work.

 

[Monteiro]

Yes I've appealed it. Haven't heard anything back from them yet. It's been about 8 weeks.

 

[Monteiro]

I was not on medical leave. My year of being eligible for it was a couple weeks shy of me being hospitalized. I'm well aware that my work ethic had nothing to do with me being fired...point is I was fired. I did not voluntarily quit

 

[Monteiro]

There was never a lack of work sir. I kept in contact with many of my employees who informed me of what was going on and all of the overtime being worked. I know this company's history and it hasn't been fruitful at with its employees. The plant manager is scum & very unprofessional. I may be able to work now so would I be eligible for back pay?

 

[Zigner]

Yes I've appealed it. Haven't heard anything back from them yet. It's been about 8 weeks.

Wait for the results of your appeal. But, you haven't answered the other question. Are you medically able to work?

 

[swalsh411]

There are 3 issues here.

First, I don't see your termination as being unlawful. You did not yet qualify for FMLA.

Second is the UI termination reason. First of all let me assure you that HR making a mistake or keying an incorrect term code into a computer or on a letter will not get your unemployment denied. If you claim you were fired, and they claim you quit, then the burden of proof to show you quit is on them. It does not appear they are making any claims of misconduct so that should not be an issue.

Third is your availability to work. If you cannot work, you cannot collect UI regardless of your eligibility.

Have you been making weekly certifications all this time?

 

[justalayman]

Monteiro;3216945]I was not on medical leave

. you were off work due to a medical issue. That is generally described as being on medical leave.

My year of being eligible for it was a couple weeks shy of me being hospitalized. I'm well aware that my work ethic had nothing to do with me being fired...point is I was fired. I did not voluntarily quit

so, continue to follow up on your UI claim. Have you attempted to contact them by phone? While they are grossly understaffed, it is not impossible to contact them by phone, at least all the time.

also understand that if you are still not able to accept work, even if your UI is otherwise approved, you will not be paid for time you are not able to accept work.

as far as being eligible for back pay. It does not appear your employer would be obligated to you for any pay. If you are speaking of UI, then if approved, you would receive payment for any weeks you certified after your application, unless of course you were not able to actually work due to the medical issue.

 

[Monteiro]

I feel as though I am now. My condition changes with the weather sometimes I feel fine sometimes I don't. I no longer have insurance to get the medical attention I need. Thanks for your help. I greatly appreciate it.

 

[Monteiro]

Yes. I contacted then about 3 weeks ago. They said I should hear something soon. The government shutdown affected the UIA hotline and I was unable to call for the past couple of weeks but up until then I have been calling faithfully. I feel as tho I was mislead by HR all together. It's only one person btw. Thanks for your help! I was not aware of the stipulations for UI as I previously stated I've never been sick or had to file a claim before. I appreciate the resourceful info.

 

[justalayman]

the FEDERAL gov shutdown should not have affected the STATE ui offices.

You should certify bi-weekly as you continue your appeal. If you do not, any weeks you do not certify for will not even be considered. You can do that online through the online MARVIN

 

[cbg]

You WILL be able to collect UI once you are medically able to work. That's not misleading.

 

[commentator]

Yep, unemployment benefits are not for people who are not able to work for medical reasons. The first thing that they should've given you when you filed was a medical form to be completed by your medical professional, the one who was treating you for the illness or condition that resulted in your having to leave work in the first place. You must, in order to start getting benefits be fully released by your doctor, with no restrictions in this situation, have presented yourself to return to work, or in some way let your employer know you were available. Then they elected not to take you back, or let you come back.

Whatever the employer gave you to give the unemployment system, even if it said "Terminated due to horrible unbelievable misconduct!!!!" or laid off, or quit, or whatever it said, you should very well have been able to explain yourself to the unemployment system, when they asked "Why are you no longer working?" were you the one who says "I quit!"? I have a hard time understanding why they'd have said you quit and you were initially denied. Unless perhaps you told them your health was so bad you weren't going to be able to go back or you told your employer you'd probably have to quit or probably weren't able to work anymore. If so, unemployment insurance isn't for you anyhow.

Okay, you actually received something in the mail that said your claim was denied due to that you voluntarily quit your job, correct? And you filed the appeal as directed within the fifteen day period you had to file, right? Then the next step for you will be the appeals hearing, in which both you and the employer will be either in person or on the phone with an appeals adjudicator.

If the people at the office are telling you you may "hear something" within a few days, surely they are referring to your hearing that you have an appeals hearing date scheduled for such and such time. This usually takes several weeks. As it has been pointed out to you, if you want to be paid for these weeks that are going by since you filed your claim, you must most certainly be making the bi weekly certifications as you have been told to, and actively looking for work. When you have a hearing scheduled, come back here and we will help you figure out exactly what to say to help get the claim approved.

If you have not been fully released by your doctor yet, you STILL need to do the appeal. The claim needs to be approved, on the reason that your employer is no longer employing you. This is not, unless you are lying to us here, because you told them you quit. Then when you are actually released by your doctor, you can begin to draw benefits, as long it has not been more than a year from the time your claim was originally filed.

Actually, the recent federal shut down has had some effect on the state governmental offices such as U.I. that receive some of their funding from federal monies such as unemployment extensions. They always have lay offs and slow downs in staffing when there's a government shut down, though the need for more staff is increased wholescale at this time, because of increased numbers of federal claims being filed. Makes lots of sense, doesn't it??

 

[Proserpina]

I feel as though I am now. My condition changes with the weather sometimes I feel fine sometimes I don't. I no longer have insurance to get the medical attention I need. Thanks for your help. I greatly appreciate it.

OP, please take a look here. No guarantees, but it's important you continue with your health-care if at all possible

http://www.michigan.gov/mdch/0,1607,7-132-2943_52115---,00.html