Fired For taking Short Term Disability

[Andrea04]

My husband was an excellent employee for 18 years at same company, he got sick and was approved for FMLA. Once that was used he was terminated. We went to a lawyer and asked if this was OK for them to do and were told once FMLA time expired they could do whatever they wanted. You are lucky you are getting unemployement. We are not so lucky, since he is sick and not able to work he has been denied and we have appeal pending. We are in Connecticut.

If he was terminated then you should be able to collect, as long as he wasn't insubordinate, they can't tell him that he can't collect, at least that is how it works in Michigan. I would find a different lawyer, sometimes if you don't find a lawyer who specializes in Labor or employment law, they won't do anything for you.
Was he fired?

 

[cbg]

Andrea, if kerrimac's husband is still unable to work because of illness, then he is not eligible for unemployment in any state with which I am familiar, and I include Michigan in that. In most if not all states, you must be ABLE to work, AVAILABLE for work and ACTIVELY LOOKING for work before you can collect.

The likelihood is, however, that once he is medically cleared to work, THEN he will be able to collect. But not while he is unable to work, even if it is legitimately due to illness.

 

[Beth3]

Andrea, you never stated in your first post HOW LONG YOU WERE OFF WORK, which is critical information. Now we finally know it was three weeks. We're trying to determine whether there was a violation of the FMLA. Your inability to respond to some simple questions and your increasingly belligerent attitude about being asked to respond to some simple questions isn't helping your plight.

You also need to tell us:

1. How long you have worked for this company.
2. How many employees they have.
3. In the 12 months prior to your taking leave, did you work at least 1,250 hours.

If you aren't interested in pursuing the obvious potential illegality or listening to what anyone here is trying to tell you, swell.

 

[Andrea04]

I first of all wanted to apologize for sounding so irrational earlier, I have a lot of anger and hostility for two reasons, one I was misdiagnosed a couple hundred times, and then I find out I don't have a job to come back to. I really feel bad for lashing out at you guys.

 

[Andrea04]

Andrea, you never stated in your first post HOW LONG YOU WERE OFF WORK, which is critical information. Now we finally know it was three weeks. We're trying to determine whether there was a violation of the FMLA. Your inability to respond to some simple questions and your increasingly belligerent attitude about being asked to respond to some simple questions isn't helping your plight.

You also need to tell us:

1. How long you have worked for this company.
2. How many employees they have.
3. In the 12 months prior to your taking leave, did you work at least 1,250 hours.

If you aren't interested in pursuing the obvious potential illegality or listening to what anyone here is trying to tell you, swell.

There are over 50 employees in the company,

I worked way over those hours.

I would have had my year in april of 2004.

Beth3 again I'm sorry for being so angry with you guys. I know your only trying to help. I wish I could direct my anger, towards the people who really deserve it but that wont help me get my job back.

 

[Andrea04]

Andrea, if kerrimac's husband is still unable to work because of illness, then he is not eligible for unemployment in any state with which I am familiar, and I include Michigan in that. In most if not all states, you must be ABLE to work, AVAILABLE for work and ACTIVELY LOOKING for work before you can collect.

The likelihood is, however, that once he is medically cleared to work, THEN he will be able to collect. But not while he is unable to work, even if it is legitimately due to illness.

I told them I couldn't work due to illness and I'm collecting? Maybe michigan has different laws for collecting unemployment.??

 

[cbg]

But you are able to work now, right? I'm not talking about the reason you were let go; I'm talking about whether right this minute you are able to work. Your post sounds as if you were ready to come back to work but found you were terminated; therefore, you can work now; you can look for work now; if work is offered to you, you can take it. Therefore, you can collect.

Kerrimac's husband is still sick; if work were offered to him, he would be unable to take it because of his illness. Therefore, he can't collect. Two different things.

Getting back to your question, am I understanding you correctly that AT THE TIME YOU WERE LET GO, you had worked for this employer less than 12 months?

 

[Beth3]

Andrea, I'm glad you're feeling better.

If the leave time you took was prior to your one-year anniversary in April, then you weren't eligible for FMLA. Any leave time your company extended to you was entirely a matter of their own policy and not something they were required to do.

 

[Andrea04]

Andrea, I'm glad you're feeling better.

If the leave time you took was prior to your one-year anniversary in April, then you weren't eligible for FMLA. Any leave time your company extended to you was entirely a matter of their own policy and not something they were required to do.

My response to that is this if you are given an option, why shouldn't you be allowed to take it, I was given this option, i had short term disability taken out of paycheck bi weekly therefore it was my god given right to take it. Therefore I feel I've been discreminated against because of a disability. Not only that but they never offered me long term disability they didn't follow their company protocol; there own rules were broken. They obviously didn't read their own handbook. in which it clearly states that,if an employee gets sick after their 90 days but before their year, then they are entitiled to short term disability. You guys need to read the question I asked. I never said anything about taking fmla in the first place, short term and long term disability are not the same types of medical leave.

I know that FMLA is designed for employees who have worked longer then a year, but I also know that short and long term disability are designed to protect those employees who get sick before they have their year anniversary. I'm still seeking a lawyer, and the judge my parents are friends with says it sounds like i have a good case, he's been a judge for a long time. He knows what he's talking about.

In any case this will prevent me in the future from asking advice on a message board where I don't know who is giving me advice. For all I know you could be high school students or pre law students who have no experinece in the real world.

 

[Andrea04]

But you are able to work now, right? I'm not talking about the reason you were let go; I'm talking about whether right this minute you are able to work. Your post sounds as if you were ready to come back to work but found you were terminated; therefore, you can work now; you can look for work now; if work is offered to you, you can take it. Therefore, you can collect.

Kerrimac's husband is still sick; if work were offered to him, he would be unable to take it because of his illness. Therefore, he can't collect. Two different things.

Getting back to your question, am I understanding you correctly that AT THE TIME YOU WERE LET GO, you had worked for this employer less than 12 months?

Yes, but I still have options available to me, like short and long term disability. No where in any written law does it say you have to be working for longer then one year to take those options. I know that FMLA is designed for people who have been working for longer then a year. You guys obviously don't have a clue what short and long term disability are. Maybe I should go find a link for you.

 

[Shay-Pari'e]

My response to that is this if you are given an option, why shouldn't you be allowed to take it, I was given this option, i had short term disability taken out of paycheck bi weekly therefore it was my god given right to take it. Therefore I feel I've been discreminated against because of a disability. Not only that but they never offered me long term disability they didn't follow their company protocol; there own rules were broken. They obviously didn't read their own handbook. in which it clearly states that,if an employee gets sick after their 90 days but before their year, then they are entitiled to short term disability. You guys need to read the question I asked. I never said anything about taking fmla in the first place, short term and long term disability are not the same types of medical leave.

I know that FMLA is designed for employees who have worked longer then a year, but I also know that short and long term disability are designed to protect those employees who get sick before they have their year anniversary. I'm still seeking a lawyer, and the judge my parents are friends with says it sounds like i have a good case, he's been a judge for a long time. He knows what he's talking about.

In any case this will prevent me in the future from asking advice on a message board where I don't know who is giving me advice. For all I know you could be high school students or pre law students who have no experinece in the real world.

Thats great news Andrea, however you posted yet another thread. If you know the answers, why make up new threads?

 

[cbg]

What YOU don't recognize, Andrea, is that short and long term disability is not regulated by law. They are regulated by the individual contracts. With the exceptions of the states of California, Rhode Island, New York, New Jersey, and Hawaii, no employer is required to offer either, and if they do offer it, both what is covered and what employees are eligible will be determined by the specific contract. One size does not fit all.

I have administered both short and long term disability policies for a number of years. I'm quite familiar with them and with what is and is not governed by law, thank you.

 

[Andrea04]

Thats great news Andrea, however you posted yet another thread. If you know the answers, why make up new threads?

whatever, why do the even have short and long term disability then, I'm so done with this I have other issues to deal with. If they don't want their employees to take it as an option then they shouldn't offer it is all I"m saying fine I don't have a case whatever, the world can go on now.