They told me they were going to temporally terminate me

[acebob2003]

What is the name of your state (only U.S. law)? Idaho

This is what happened I had gotten in a fight one night, and broke my hand, and the next morning I blacked out and broke my jaw. When I talked to my employer the next day they told me that they would temporally terminate me until I could work again. A few days later I got a letter of resignation in the mail claiming that I had resigned.
My question is there any laws that were broken by my employer. I ask this because I don’t think I will be able to get temporary unemployment now.

 

[Antigone*]

What is the name of your state (only U.S. law)? Idaho

This is what happened I had gotten in a fight one night, and broke my hand, and the next morning I blacked out and broke my jaw. When I talked to my employer the next day they told me that they would temporally terminate me until I could work again. A few days later I got a letter of resignation in the mail claiming that I had resigned.
My question is there any laws that were broken by my employer. I ask this because I don’t think I will be able to get temporary unemployment now.

hmph... Did you get in this fight at work? Why were you fighting, had you been drinking?

Did you call your ex-employer and ask them why you were terminated? How many employees does the company have?

 

[pattytx]

I think Wirelessany1 may be asking the number of employees because of the possibility of FMLA. Unless FMLA applies, this was a completely legal termination.

Actions have consequences, however. If you are not medically able to work, you are not eligible for unemployment anyway.

And there is no such thing as a "temporary termination". You are either terminated (separated from employment) or you are not.

 

[commentator]

Go on and file immediately for unemployment benefits. Present the documentation that you were at the doctor's the evening/morning that you hurt your hand and fell on your jaw.?.. They won't care if you did it sober or whatever, just if you sought medical assistnace and had a doctor's excuse taking you off work for some period. If you had gone back to work after taking a few days off, we assume you would have had a doctor's note to give them, right?

So instead of letting you come back to work with a doctor's statement, after you had been off for a few days and were fully released, or released with restrictions, (cast on the hand, maybe?)they fired you. It was their choice. And fully legal.

If approved, you'll be able to draw unemployment only when you're fully released by your doctor as to return to work with no restrictions. But you need to go ahead and file now, get it set up assuming you have the qaulifying wages. You will probably be approved for benefits (though may not be able to draw them right away) as you were not fired for misconduct connected with work, did have a medical reason for being off.

But unemployment insurance is not in any way connected with disability, is not for people who are off work due to an injury or illness. So "temporary" termination is not the same thing as being laid off for a while and then recalled. Fired is fired.

 

[pattytx]

you hurt your hand and fell on your jaw.?..

Huh? He got in a fight and his jaw was broken.

 

[commentator]

Yep, sounds plausible to me, but read the post Doesn't matter, hope he sought medical attention.

 

[acebob2003]

hmph... Did you get in this fight at work? Why were you fighting, had you been drinking?

Did you call your ex-employer and ask them why you were terminated? How many employees does the company have?

no the fight did not take place at work. i was up at a hot spring and i had been drinking with a friend. as for how many employees i don't know it is an inventory company and according to CareerBuilder.com Jobs - The Largest Job Search, Employment & Careers Site they employ over 40000 world wide the local office i don't know for sure

 

[acebob2003]

What is the name of your state (only U.S. law)? Idaho

This is what happened I had gotten in a fight one night, and broke my hand, and the next morning I blacked out and broke my jaw. When I talked to my employer the next day they told me that they would temporally terminate me until I could work again. A few days later I got a letter of resignation in the mail claiming that I had resigned.
My question is there any laws that were broken by my employer. I ask this because I don’t think I will be able to get temporary unemployment now.

to clear a few things up i broke my hand in the fight which took place about 130 the morning of the 1st of this month then i went to my friends house and sense my hand did not hurt much i went to my friends house and passed out then after i woke up around 8 ish and went to use the restroom and must have used my hand to much cause i blacked out briefly in the restroom and hit my hand again then i tried to walk back to the couch to lay back down till my friend woke up so he could take me to the er but before i got to the couch i blacked out again and fell face first braking my jay in 3 places and messed up a goodly amount of teeth as well as breaking open my chin which required stitches.

 

[Antigone*]

Yep, sounds plausible to me, but read the post Doesn't matter, hope he sought medical attention.

We don't condone and we really disapprove of encouraging an OP to be untruthful.

 

[pattytx]

I thought he said his JAW was broken.

In any case, we still need to know the answer to Wirelessany1's original question relative to YOUR job location or within a 75 mile radius of your job location.

Did you speak to HR about eligibility for FMLA leave for your injury?

 

[cyjeff]

Are you trying to say you fell down, went boom and broke your jaw?

Really?

Did you fall into a wheat thresher?

 

[acebob2003]

my main question is did my employer break any laws by sending me a letter of resignation when i never said that i was resigned when they told me that they would have to terminate me.

 

[pattytx]

my main question is did my employer break any laws by sending me a letter of resignation when i never said that i was resigned when they told me that they would have to terminate me.

My main question is, when are you going to make a post that makes sense?

Unless FMLA applied, your termination was legal.

 

[cbg]

my main question is did my employer break any laws by sending me a letter of resignation when i never said that i was resigned when they told me that they would have to terminate me.

No. They did not.

 

[acebob2003]

hmph... Did you get in this fight at work? Why were you fighting, had you been drinking?

Did you call your ex-employer and ask them why you were terminated? How many employees does the company have?

i was terminated because i have to be able to use both of my hands and right now i have a cast on my right handand cant really move the index finger on that hand. as for the number of employees acording to the phone list they gave when i was hired there is 71 employees.