Out of work because I was in an accident and my employer won't hold my job because I'm not eligible for FMLA.

by Carlos Andreu
(Coral Springs Fla. U.S.A.)

I was in a motorcycle accident and unable to work. I have 4 fractured ribs & a fractured clavicle of the right shoulder. I am right handed, I will be unable to work for 4-6 weeks and possibly need physical therapy.

My employer told me that they will not hold my job for me till I'm healed because I have not been there more than one year. I have always been on time, done my job and worked hard. So I would like to know if I can get unemployment?

Hi Carlos,

Do you have medical documentation saying you cannot work at all for 4-6 weeks or does the documentation have work restrictions and the employer is unable or unwilling to provide work to you within the restrictions?

File for unemployment, have your medical documentation handy and understand that if you can't work because of the medical documentation you will probably be found eligible based upon the separation, but you will not be able to collect until you are released back to work by your doctor.

If you are just under restrictions (can't imagine that, those are some pretty painful sounding injuries) you would more than likely be able to collect as long as you performed the job searches as required by the State of Florida.

Oh and by the way...to cover all your bases, ask the employer if they would consider giving you a personal leave.

It is not uncommon at all for an employer to bring up the fact that a person didn't request a leave...when they find out they will be charged for the unemployment, because after all this is a discharge for something that is not misconduct.

Chris