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wrongful termination?

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irenes mommy

Junior Member
What is the name of your state (only U.S. law)? Florida
Hello.
My husband and I had a child on January 15th, 2010. In August of 2009 I told my boss that I would like 3 months maternity leave from work to take care of my child, and he said yes, we had a verbal agreement. I also put in a mandatory written request that i was to be on maternity leave for 3 months. Not a word was said about it the rest of the year, and a few days ago I recieved a letter in the mail from the executive director that saying that I do not qualify for FMLA because i have not been employed at the company for a full year, but I do qualify for a medical leave of absence up to 60 days, and that I must return to work by March 15th, 2010, and if I do not return by that time I will be eligable for rehire when I am ready.....basically saying my employment will be terminated if i do not return by that date. I cannot return by March 15th, the verbal agreement between my boss and I was 3 months leave, and to return April 15th, 2010. I called the executive director and explained this to him, and he said he will have to terminate me despite the verbal agreement between my boss and I. I have been an excellent employee with employee of the month on my file. So I am now unemployed, should I apply for unemployement, and do you think i would win? Would this be considered wrongful termination?
Thankyou
Mel
 


cbg

I'm a Northern Girl
No, this is not a wrongful termination. Who does and does not qualify for FMLA is set by Federal law, not by your employer. Unless you are prepared to show that the "verbal agreement" you had with your boss is, in fact, a contract AND that he was authorized by the company to make it, a verbal agreement is worth the paper it's printed on.
 

irenes mommy

Junior Member
1 more question

Thankyou for your response...I realize it was a verbal agreement and i have no proof on paper. But it's highly unjust of my boss to agree to 3 months and all of a sudden it's a problem halfway through my leave. I am still going to file for unemployment, what do you think the odds are of this being granted in my favor? Even if it's denied and I decide to fight it?
Thanks again
Mel
 

cbg

I'm a Northern Girl
It may be unjust - that does not make it illegal.

You will not be able to collect UI while you are medically unable to work. I don't see any immediate bar to your collecting once you are cleared to return to work, however. Commentator?
 

irenes mommy

Junior Member
wait until these 2 months are over?

So what you are saying is, if I'm understanding you correctly, if I wait for these 2 months of medical leave to be over in March, and THEN file for unemployment, the odds are in my favor? Just not now because I'm still considered on medical leave and unable to work?
Thanks so much for your advice
mel
 

ecmst12

Senior Member
If you are eligible for rehire, then you should attempt to get rehired before applying for unemployment.
 

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