Unemployment Support Group
Recently unemployed or frustrated with the job search? Unemployment can affect more than just the bank account - it has a negative effect on motivation and self-esteem, even sense of identity. This community addresses the challenges associated with unemployment and how to cope.
Hi,
I have a question. My husband had a mental breakdown at the beginning of this year. He was a few months shy of getting FMLA. He was on leave though, and then they extended his leave. Then, he received a letter in the mail that said that if he did not return to work on a certain day that he would be terminated. His separation form said he expired his leave. The Dr. would not release him back to work, plus the company had called the Dr., asking questions and the Dr told him when you go back, they are going to find a way to fire you. Well last month he started a job for a month and the contract was pulled and he was laid off. He went to file unemployment and he received it through the company he was let go during his leave. They have now appealed his unemployment benefit claim, some company called Thomas and Thorngern that handle their unemployment claims. They are saying that he should be denied because he did not show up for work. We have the doctor's note and everything stating that he could not return to work at that time. We have the letter stating that if he did not return to work on that certain date he would be terminated.
Has something similiar happened to anyone? They will have a telephone hearing and I'm not sure what to expect. I don't see how they could deny him. My husband is going to the department of labor with the letters and speaking with someone tomorrow.
He actually has a job but it will not start until the end of this month. But right now we have NO money at all and don't know what to do.
I can't believe this is happening. Any thoughts or advice would be appreciated.
I have a question. My husband had a mental breakdown at the beginning of this year. He was a few months shy of getting FMLA. He was on leave though, and then they extended his leave. Then, he received a letter in the mail that said that if he did not return to work on a certain day that he would be terminated. His separation form said he expired his leave. The Dr. would not release him back to work, plus the company had called the Dr., asking questions and the Dr told him when you go back, they are going to find a way to fire you. Well last month he started a job for a month and the contract was pulled and he was laid off. He went to file unemployment and he received it through the company he was let go during his leave. They have now appealed his unemployment benefit claim, some company called Thomas and Thorngern that handle their unemployment claims. They are saying that he should be denied because he did not show up for work. We have the doctor's note and everything stating that he could not return to work at that time. We have the letter stating that if he did not return to work on that certain date he would be terminated.
Has something similiar happened to anyone? They will have a telephone hearing and I'm not sure what to expect. I don't see how they could deny him. My husband is going to the department of labor with the letters and speaking with someone tomorrow.
He actually has a job but it will not start until the end of this month. But right now we have NO money at all and don't know what to do.
I can't believe this is happening. Any thoughts or advice would be appreciated.
My husband had one of those phone interviews, he actually won that time, the employer will be online too at the same time. It is less scary than a real court room. You should be able to listen in, but can probably not say anything.
Hope it all works out for you, keep us updated.
Susanne
I had something similiar happen to me several years ago. I went on FMLA due to having surgery to have my thyroid gland removed. Long story short, due to complications with my thyroid medications after the surgery, I ended up exceeding the 12 week FMLA limit. The difference in my case is that my employer didn't send me the letter until I was PAST the limit...the letter was just letting me know they had terminated me.
I'm sure your husbands's doctor informed his former employer that he was not released to return to work, yet, they chose to send your husband the "return to work or else" letter anyway.
As someone who doesn't trust the average corporation/company further than I can throw them, I would imagine that your husband's former employer is going to try to have his UI benefits denied based on insubordination - namely because he did not return to work by the stated date. But, your husband didn't return because he didn't have a release to return. I would just explain that during the hearing.
I HATE it when companies put people through this kind of thing. I really hope it works out in your favor. If the ruling at the hearing goes against your husband, I would definately appeal it though.
So sorry you're going through this.
Janice