job abandonment

[kadair]

What is the name of your state? California

I am currently out on state disability since 10/22/04. On 12/27 I saw my doctor and she extended my leave until 1/31/05. She faxed over the paperwork to my employer (the extension). I fid out that my employer sends out an email to all of the employees stating that effective immediately I no longer work there. (this is on 1/5/05) I get a call from an employee asking what happened and I had no idea. When I received my letter from my employer on 1/7, I have been terminated for job abandonment as the doctor wrote on the extension the estimated date of back to work 12/31/04 on accident, instead of 1/31/05. Therefore it looked to my employer that I never came in or called. My doctor has now written a letter to my employer stating her mistake but it is too late. Do I have ANY recourse as now I have lost my job, medical benefits as well as a chance at unemployement benefits and also have job abandonment on my work record.

 

[SuzieWahoozie]

No recourse that I can see.

Have you tried talking to your employer and asking if they will "forgive" the "job abandonment" and allow you to come back when you are well?

Frankly, they don't have to, and at this point, it probably looks to them like you got fired and went back to your doctor after the fact to try to get him/her to write a letter regarding the "mistake" as an effort to get your job back. I'm not saying that's what you did. I'm saying that's what it may look like.

Again, I see no real recourse for you. You could try to talk to your former employer on at least getting a neutral reference.

You can also file for unemployment and hope they believe the "mistake" story and that you didn't really abandon your job. My guess is you won't be eligible for benefits, however, until at least 1/31/05, since you are "disabled" and won't be "able and available for work" until at least that time. Being "able and available" is criteria you will need to meet in order to collect UI.

 

[kadair]

job reinstatement

my doctor has written a letter stating her mistake and come to find out my job has been reinstated. However, my employer called me in yesterday and advised me that my position is gone and when I return i will be a gofer. If i quit while on disability, what will happen to me? The only way i would return to that job is to have my same position i have done for 3.5 years.

thanks again.

 

[SuzieWahoozie]

First of all, are you on FMLA or just a LOA for this disability?

And...does the "gofer" job involve a substantial cut in pay or benefits?

Your answers make a difference to my answer.

 

[kadair]

I am currently on short term disability. The Gofer involves a pay cut as well.

 

[SuzieWahoozie]

Short term disability is just a payment continuation insurance policy.

I want to know how the employer is classifying your leave - as FMLA or just a medical LOA. Do you know?

Again, the "type" of leave you are on matters here...not whether you are receiving pay while on leave.

 

[kadair]

It is medical leave of absence. I am sorry, I did not quite understand.