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Can I collect unemployment if I have been fired for not going to work when I had a doctor's note to not go?
I was hired on 3/16/09. I told my supervisor about two months in advance that I was going to be having surgery and would need two weeks off. After I already had my surgery my supervisor told me that my doctor's note doesn't mean anything because I haven't been working there long enough. I tried to call and say I still wasn't feeling well enough to go to work on 6/26 and I was told that I need to be there. I don't think that I should have even had to call because I shouldn't have been on the schedule in the first place and from what I understood from reading about the policies at my work, I don't think that they are even supposed to let me go back until I show them a note from my doctor saying that I can. I am not planning on going to work tomorrow because I am still not feeling very good at all and I'm pretty sure that I am going to be fired for not going.
I have a question or two ...
Have you or have you not been released by your doctor to return to work?
An employer who allows or insist an employee come back to work before a doctor releases them back to work .. is bad news for the employer.
Even though you wouldn't be eligible for FMLA .. did you get a personal leave for this surgery?
Keep following the employer's call off procedures .. you don't want them to be able to raise that as the reason you were fired.
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