Terminated after denied medical leave...Florida
(Spring Hill, Florida, US)
Hello. I have a back condition that I have been dealing with on/off for some time. Recently I was Terminated from my employer because I had previously (another epsiode earlier in the year) used all available FMLA. My latest injury was in May of 2009 and it kept me out until current. The employer called me on June 16th to let me know that I did not qualify for medical leave under company policy and should apply for a personal LOA. I did apply for the personal LOA as requested (via email), but was denied a day later (June 16, 2009).
On that date I was told that I was being recorded as a voluntary resignation for medical reasons, to which I protested. I informed them I would consider it an administrative termination. I was provided the date which my insurance coverage/benefits would end and told I would be eligible for rehire.
On the 24th of June 2009, I was contacted via email by company HR rep. She told me I was still being offered employment with the company providing I could return by the 28th of June. I informed her that I had a follow-up for re-eval by my doctor on the 25th and would let her know of his findings, to which he stated that I could not work at all until July 24th, 2009. My employer now claims that I was never terminated on the 16th and that I heard them wrong, regardless, I
could not return to work on the 28th and have documentation from my specialist.
Now the 24th of July is approaching and I expect full recovery and to be able to work with NO restrictions. I have full documentation of the entire episode via email (with exception to the firing on the 16th, this was via phone), and informed the employer that since they denied that I was fired on the 16th that I would need to contact them only via email for the protection of both parties. I have an email on the 25th after I sent my latest doctors/work note when my employer replied "Based on info provided...you are now Terminated"
All medical documentation is intact, as well as all requests for LOA, medical and personal.
Long story short, I was finally terminated on June 25th, with full email documentation of all conversations (not including telephone conversation when I was initially let go on June 16th). Yes, they fired me twice and denied the first termination.
I will wait 1 week after the 24th of July (waiting week) and then file for UI benefits. Do you believe I will have a case and can collect?
Absolutely, you were terminated through no fault of your own. Kudos on the email trail!!
By the way, I'm fairly certain you cannot serve the one week unpaid waiting period until after you file. Might want to file as soon as you are able and available.