Voluntary Termination on fmla (my post closed)

[debbiewhynot]

Ohio
Well came back to let you know what has been happening with my fmla termination. It is just unbelievable....got a call from unemployment...saying I couldn't recieve it until I got a doctors release..
Well their next statement says....that I was terminated with just cause.. Facts establish that the claimant's unexcused absenteeism or tardiness demonstrated a disregard of the employer's interest.
The Lady that called from the unemployment office says she had been talking to a person in HR...from my job.
Well I have never once been tardy....and I always had a approved vacation day to be off work...
I sent my papers into DOL...certified mail....but no reply from them and this is going on 3 weeks now
I also got my release from my doctor....and he couldn't believe that they terminated me....he filled out the papers for unemployment...they have been sent to the unemployment office and i haven't had any reply from them.
I am just ready to give up on all this.....

 

[mynm156]

I have had FMLA's for a chronic condition and it has been my understanding that ANY absence, tardy or time you need to leave work due to your FMLA your employer can not say a thing about it. I even had a meeting with HR at one point and she was great. She said that my Supervisor couldnt even ask how I was feeling. I am very interested to find out what comes of it. Good Luck

 

[cbg]

Debbie; I hope you appealed the unemployment ruling?

 

[debbiewhynot]

Voluntary Termination on fmla (my post closed

Well I will appeal the decision...but to me it all looks hopeless....
I heard from another employee that this girl that called me from unemployment is friends with the person in HR where I work...I was also told that just about everybody that has quit or has been terminated had the same problem trying to get unemployment .and they just gave up...don't know how true these rumors are...but the girl from unemployment sure was sticking up for my former employer....
First she says that as soon as I got my glasses I was to return to work...but I told her how could I without a doctors release then she said well we can't give you unemployment until you get one...then she turns around and said that I was using the doctor so I wouldn't have to work..and I told her my doctor has been on this since I had gone to the emergency room...she then said she was going to ring my employer back up and she would call back and I never have heard a word except what was on my unemployment denial.
Do these people think I would jeopardize my job seeing I am a single working parent and I need the money....It was bad enough being off work with no money...
The DOL has me baffled too ...haven't heard a word from them...
Well I will let you know what happens.....
It won't do me much good...because I am going to go to a temp service and take any job I can get now....I was looking for a permanent position with the same income I made before...but I can't live without money...I am already 3 months behind on my housepayments now...

 

[cbg]

I thought we decided that you would phone your doctor and ask for a release? Whatever happened to that?

 

[debbiewhynot]

Voluntary Termination on fmla (my post closed

Well my Dad lent me the money to go to the doctor....because I had to have forms filled out from the unemployment office...
So the doctor put me unable to work from 1-12-05 until the present which was 3-31-05...the doctor also stated this was the first time he ever had to fill out forms like those from the unemployment office...Well I mailed everything to the unemployment office and have heard nothing.
Thats why I never appealed anything because I did what they said to do and got the doctors release.

 

[debbiewhynot]

Well I appealed the decision for unemployment....and still haven't heard anything...and I still haven't hear from the DOL...
My Dad said to go to work and talk to them one more time about everything.
Do you think I should....?
Or do you think it is time I just get a attorney....?

 

[debbiewhynot]

I am back again...and still haven't resolved anything..
Unemployment denied my appeal...so I appealed that decision.
Went and applied for legal aid to help with all this and was told they don't have any attorneys available.
And on top of everything I went for a job that is affiliate with my job and was told that I was terminated that I couldn't work for them...
Bill collectors are hounding me and I am lost..

 

[cbg]

I'm so sorry to hear that, Debbie. Follow up with the DOL and try to find some legal help. Is there a law school near you? Sometimes they have legal clinics.

 

[debbiewhynot]

Voluntary Termination on fmla (my post closed

I will have to check on the law school.

I sent off a letter to governor Taft and also one to 10 TV

Yes...I will call the DOL again..come Monday.

This just goes to show you how a innocent person just can't get anywhere
I have been trying to fight all this for 5 months now.

The place I applied for the job is going to fax my job and find out if it is a voluntary termination or a voluntary resignation because the termination letter states both on it. The only hope I have is if they say voluntary resignation.

I will let you know the outcome. And thanks for being here for me.

 

[debbiewhynot]

Voluntary Termination on fmla (my post closed

Well it is me again...I bet you thought you would never here from me again..lol
I have great news. I won my unemployment hearing. They did it over the phone. I was really scared because I hadn't a clue how those hearings work.

I am still waiting on the DOL. They phone yesterday to say their attorneys are looking over the case and as soon as they hear something they will let me know. I hope that is good news.

I haven't heard anything from my employer. I was hoping they would call and give me my job back.

I really do want to thank all of you for your help on this matter..I am still praying this all works out.