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Can I file for unemployment? Florida

by Kari

My mother needed urgent surgery. We both work for the same company, she for 15 years full time, and me for 4 years part time.

She took time off and qualified for FMLA due to the nature of the surgery, I took my allowed 30 days off per company policy to take care of her, and properly requested the time off which was approved by my manager. I took off from April 1st to April 30th.

After 2 weeks I enter on the company's computer website to see my schedule, and I am unable to enter. The week after (only 28 days have passed) being April 28th, I go into the store and speak with my manager since I could not enter the company's schedule system.

My manager informs me I've been gone "too long" and my job post is no longer there and that I can reapply but there is no guarantee she will call me back to be rehired. (Even though I've requested my time off correctly.) [I am sure this was recorded on the Camera of the store which we spoke under)

In the heat of the moment I said thanks and walked out.

I called corporate to inquire about my first and last dates (Since I wanted to file for umployment while I am looking for a job) and My last date in the system appears on their records to be May 6th!

Which means my manager lied to me, and I was already on the schedule for the next week. I think she kicked me out of the system.

This is an at-will employment, for a large supermarket chain. My evaluations were always great, Always on Exceeds Expectations (a tier lower than the max). I never had a counseling statement, and was never suspended.

My mother's job was protected due to the FMLA, and I did not know my job could have been protected as well due to me being her caretaker.

Can I file? I was never formally fired.

My state is Florida.

Do you have any sort of documentation proving the time off was requested per company policy and approved as well?

Any documentation from a doctor stating your mother needed the care and that you were reasonably the only person to provide it?

Clearly you would not be eligible for the time off as FML because you are part time, but it would be of import to know what the company policy states that you are citing as making it possible for you to take this time off.

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poster's response
by: Kari

Chris thank you so much for your quick response!

I am not dealing with anyone on HR and I never signed anything saying I was fired or that there was any misconduct.

Sadly, since I was locked out of the system two weeks after I left and everything (scheduling, vacations, time off...) is done and approved online. I am cooked on that aspect, I failed on printing something out.

I never thought this would happen to be let go while absent.

My mom did provide documentation, and I helped her in everything and I was the one that turned her documentation in, and spoke with her managers to let them kknow how she was doing. (We work for the same company)

If they appeal I am not ssure if they might try to say I abandoned my post...but I legitimately requested time off...and she approved it...I just have no way of proving this.

I've read your site... am I cooked as you say?

Possibly, you could use your mother as a direct witness if she was aware of or overheard any conversation you may of had with your manager approving the time off.

Otherwise, you're going to have the same problem lots of people have when representing themselves .. proving their story is the most credible .. not the employer witnesses's testimony that upon occasion is trying to cover up their own failure to follow a company's procedures .. that's why the employee handbook can be of good use too an employee .. as well as an employer.

Florida Appeal Representation is also an option for making certain credibility is determined by a hearing referee fairly .. impartially, when and if someone needs to file an appeal of the initial claims determination.

And yes, you should file a claim for unemployment
by: Chris

Since you have been let go both by the manager and corporate there is no reason to not file the UI claim.

And if it were me .. I'd start documenting everything via emails to whatever HR person you're dealing with at corporate.

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