What is the name of your state? MA
In February of this year I became ill and was admitted into the hospital. I learned I had a heard condition and on March 1 I had heart surgery performed on me. I returned to work on March 13 but collapsed at work on March 15 and was taken to the ER by ambulance. On March 27 I returned to work again. Although I missed a substantial amount of work, I had kept my manager up to date and every day I missed had been excused by a doctor and my manager was notified. On April 4 and 5 I wasn't feeling well and wasn't able to go to work, and I had scheduled April 6 and 7 off for doctors visits. However, on April 6 my employer sent out a letter via Fedex saying I hadn't shown up for work and they considered me to have "voluntarily resigned". Because I did not get along with my manager and she often had issues with my medical absences, I knew that I was being fired. I did not try to keep my job because the job was a high-stress job and my poor relationship with my manager was causing me more stress, and my doctor told me to avoid stress due to my heart condition. When I applied for unemployment, I was told I did not qualify because my employer said I voluntarily resigned. Now, I have received a letter from my employer saying they overpaid me and requesting that I repay them. While I did receive one paycheck after they fired me, it was not nearly the amount they say I was overpaid.
My question is whether I have any legal rights regarding my termination. My understanding is that the Family and Medical Leave Act required my employer to provide 12 weeks of unpaid, which they did not do. They fired me for taking medical leave and are claiming that I did not notify them. While I have been resisting the urge to take legal action against my employer due to my health, I am angered that they are now asking me to repay them when I feel I was wrongfully terminated.
Thank you,
In February of this year I became ill and was admitted into the hospital. I learned I had a heard condition and on March 1 I had heart surgery performed on me. I returned to work on March 13 but collapsed at work on March 15 and was taken to the ER by ambulance. On March 27 I returned to work again. Although I missed a substantial amount of work, I had kept my manager up to date and every day I missed had been excused by a doctor and my manager was notified. On April 4 and 5 I wasn't feeling well and wasn't able to go to work, and I had scheduled April 6 and 7 off for doctors visits. However, on April 6 my employer sent out a letter via Fedex saying I hadn't shown up for work and they considered me to have "voluntarily resigned". Because I did not get along with my manager and she often had issues with my medical absences, I knew that I was being fired. I did not try to keep my job because the job was a high-stress job and my poor relationship with my manager was causing me more stress, and my doctor told me to avoid stress due to my heart condition. When I applied for unemployment, I was told I did not qualify because my employer said I voluntarily resigned. Now, I have received a letter from my employer saying they overpaid me and requesting that I repay them. While I did receive one paycheck after they fired me, it was not nearly the amount they say I was overpaid.
My question is whether I have any legal rights regarding my termination. My understanding is that the Family and Medical Leave Act required my employer to provide 12 weeks of unpaid, which they did not do. They fired me for taking medical leave and are claiming that I did not notify them. While I have been resisting the urge to take legal action against my employer due to my health, I am angered that they are now asking me to repay them when I feel I was wrongfully terminated.
Thank you,