I'm not sure that I am in the right place . . .

[jamieraleigh]

What is the name of your state? MO

My wife is seven months pregnant and was on bed rest for the majority of that time. She was on the Family Medical Leave Act for the full twelve weeks, but we got behind on our mortgage during that time. As of now, we are about five months behind. When she tried to go back to work, her employer told her that they wouldn't allow it unless she could get a note from her three doctors allowing her to do so. Unfortunately, the doctors wouldn't "release" her to go back to work at the end of the FMLA and she lost her job.

Our mortgage company said that we could get a HUD loan to bring our mortgage current, provided that we could prove that we will be able to pay the mortgage payments normally from now on. Unfortunately, my wife's work submitted her dismissal as "voluntary" . . . In effect, they say that she quit . . . so her application for unemployment was denied.

So here are my questions:

1. Since my wife really didn't quit, do we have some recourse regarding unemployment? She wanted to go back to work, but was required a doctor's note first and, if they would have held her job for another two weeks, she would have been released by the doctors.

2. Is there any legal way that we can avoid foreclosure until she can get back to work? She has turned in several resumes, but people seem to be shying away from hiring somebody who is going to be on maternity leave in two months.

Thanks for any info that any of you can give.

 

[cbg]

1.) In most if not all states, an employee must be available for work and able to work before they are able to collect unemployment. She is free to appeal the determination (assuming the time frame to do so has not passed - instructions will be on the form she received denying the claim) but depending on whether she has been released to work by her doctors or not, she may or may not be eligible on THAT basis, as well as the question of voluntary/involuntary.

2.) A question of foreclosure is beyond the scope of employment law. HomeGuru? IAAL?

 

[jamieraleigh]

Actually, she was released to go back to work less than two weeks after she was terminated. She was turned down solely because her work said that she quit.

Jeff Davis

 

[cbg]

In which case, she still has the right of appeal, assuming that the time frame in which to do so has not expired.