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I Was on Disability Leave and then Fired

by Misunderstood
(California)

Hello Chris,

I was employed with this company for five years.duties over the years drastically changed,my daily task were not only to process 300 emails a day but also assist three other sales reps with all their work load.i actually had no problem doing so. It began when something went wrong with the order and even the I might of not processed the order I would still be called in and scorned for it, because the sales rep. Was supposedly to old and I had to step up and do his work!!!! I then requested a pay raise, and like everything else,I was denied. Through out my duration other positions would become available,and when I would advise interest, I was immediately denied and always told "I'm not ready" but the people that get hired for the position, can't or are unable to fullfil the duties,and I was always told to do for them!it was very clear favoritsm played a roll. Mentally, it took a toll on me.For a fact, I was the lowest paid employee with different hats to wear and would still manage to generate company sales. Everyone complimented, co workers, customers about how great I was in providing them with service, but yet I couldn't even afford to take my kids out to dinner on a Saturday night.I know if you want more money, maybe go back to school. But somehow I could not understand why the manager would shut me down every single time.well I ended up on disability leave for 2 months for depression was put on medication.My Dr. Recomended I see a professional. I did not return to work,on the written return date.manager emailed me, I responded I will be taking time off due to my mental state. "I know I can't self- diagnose, I was waiting for an available physchiatric appt.so then I receive a letter stating my termination. Now I'm jobless, mentally ill, and have carpo tunnel. 1)Any advice on how to answer "why are you no longer working at your
job" 2) can I see a workers comp attorney? Thanks in advance!!!


Hi Misunderstood,

So, here's what I believe I understood, from those details that is pertinent to the issue related to why and how you became separated from your job.

You weren't fired.

Instead, it sounds to me like you opted to voluntarily quit your job when you failed to return from an approved medical leave of absence (FMLA) to work on the day that leave ended, without any prior, or provable efforts discussed, to extend that leave .. prior to your return to work date.

Problem for me though, is because you did not provide the correct details that would make me think I could offer some advice on how to answer the EDD's questions focused on why you quit .. with good cause, I will direct you to some useful answers found in the California Unemployment Insurance Benefits Determination Guide.

Constructive Quit

Voluntarily Quitting Due to Health and/or Safety Concerns

Basically, the discussion there can be relevant to just about every state in this country, if someone fails to return from a leave of absence .. without any proof they tried to preserve their job by requesting a leave extension until a necessary medical appt can be had.

To have good cause to voluntarily end an employment relationship, for even health reasons, an employee is best served if they first acknowledge and discern the points of the discussion found in Section B, "Quit Not on Advice of Physician" (found in the second link) at the very least.

Good cause to quit even for health reasons .. requires effort to shift the burden to an employer to explain why they didn't/couldn't help an employee preserve their job. In your case, not knowing is you tried to extend the medical leave .. on some documented advice form your physician to explain why the employer should have reasonably extended the return to work date, is why I'm not able to provide a more positive answer.


Chris - Unemployment-Tips.com

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