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Wrongful termination?

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carmenk

Junior Member
What is the name of your state (only U.S. law)? Ohio
Recently a friend of mine was well, I guess fired from her job. She had been a full time employee with full benefits for 3 years including medical, short term disability and extended illness days. She was planning to take a maternity leave from mid December to mid March using PTO, EID and STD. Her employer told her 3 weeks before the baby was born that her last day was in 2 weeks and that it would be "convenient for the company if she didn't return after maternity leave". She was then denied use of STD or her accumulated EID as well as her benefits being terminated as of Jan 1. Can an employer do this? She fully intended to return to work full time after 12 weeks. If the employer is wrong here what should she do?
 


carmenk

Junior Member
I previously worked for the company- I would estimate 300-350 employees within 75 miles. Kind of glad I got out when I did!
 

ecmst12

Senior Member
Sounds to me like she was denied her FMLA which she is entitled to by law. She should contact the US DOL to file a complaint.
 

j991

Member
FMLA is a mandatory federal act which the company is required to follow. She should seek an attorney immediatly.
 

ecmst12

Senior Member
She does not NEED an attorney. The US DOL will handle her complaint and see that her job is there for her when her 12 weeks are up (they're not up yet).
 

carmenk

Junior Member
Thanks thats kind of what I thought. Is she entitled to unemployment at this point since she is on maternity leave? And if she can get get unemployment is she still entitled to FMLA?
 

cbg

I'm a Northern Girl
In order to collect unemployment she needs to be able to work, actively looking for work and available to accept work if offered. Has she been medically cleared to return to work by her doctor? If someone offered her a job starting tomorrow, could/would she take it?

If the answer to both questions is yes, then she can collect unemployment (unless there is something you aren't telling us/don't know about the situation). If the answer to either question is no, then she cannot collect until the answer changes to yes.
 

carmenk

Junior Member
She is cleared in a week to be physically able to work though I doubt that she is ready yet with the baby being only 6 weeks old. How long does she have to file for unemployment?
 

ecmst12

Senior Member
She can file for unemployment when she is ready to start looking for a job. Hopefully the DOL will take action before this is necessary.
 

carmenk

Junior Member
I appreciate all of your help in this- I will be sure to pass the info along. She will be relieved I am sure!
 

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