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07/27/2009 10:20 AM

Please Please Please Help

sassylassy25
 
Posts: 30
Member

I have recently been informed that I only have 52 more hours left on my FMLA and that I will be terminated after that if I can't work 40 hours a week. I cannot do that, and my doctor has me restricted to 30 hours a week. Does anyone have any advice????? I live in Ohio and don't even know if I could draw unemployment or not.

Please help!

Thank You

Holly

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07/27/2009 10:49 AM
hatbox121
hatbox121  
Posts: 11022
Group Leader

I'd contact a lawyer and see if they can terminate you for having dr restrictions.

07/27/2009 10:59 AM
mammy
mammy  
Posts: 7217
VIP Member

I agree with hatbox, contact a lawyer right away, if you have a doctor's note, I don't see how they could do that. Have you considered filing for disability? If you file for SSD, you may be able to get SSDI pretty quickly depending on your situation. Please keep us posted. You are in my thoughts and prayers for a positve outcome for you.

Connie


07/27/2009 11:36 AM
emendoza23
emendoza23  
Posts: 2221
Senior Member

Holly, I can tell you that I was terminated for the exact reasons and situation from my very much needed job. They fought me on unemployment, but I tell you what, here in Texas, you can not legally terminate an employee with a doctors restriction or even during a documented illness.

I know you live in Ohio and I live in Texas, but it only seems fair that you draw unemployment. I filed the day I was let go and told them the whole story about my illness (unemployment). The company I worked for stated excessive abscenses, but they were all due to illness. The unemployment office never asked to see any paperwork from me at all. If you have submitted all documentation to your company, you should be able to draw unemployment in the least. I get the maximum for 6 months plus an extension if needed for an additional of 13 weeks.

Now, Texas may be different than your state, but I would file on the 53 hour if this is to happen to you.

Elizabeth


09/02/2009 03:40 PM
suni19
 
Posts: 230
Member

My employer only had to hold my job for so many hours. I could come back after that, but it would most likely be a different job, different hours...etc.

I was told in order to receive unemployment, I have to be able and willing to work a 8 hour/day 40 hour week job. You have to be physically able to look for a job 5 days a week.If you can still work I think that may make a difference in your unemployment claim. I would go in and talk with a worker face to face.

Since, I'm sick I cannot be out looking for work. There's just no way I can work right now.

Social security asks first thing if you are working...if you are, they don't even complete the application process. And they weren't interested in my reduction of hours, though I think that should count as well towards my disability.

Now maybe they would do it because you can't work a 40 hour week. (Soc. Sec. says the 8/hrs/day, 40 hrs/wk). I haven't worked 40 hrs. a week since October or November '08, but they put my disability date at the last date I worked so February, 09.

I'm hoping if I go before a judge they will allow me to back date my disability date to at least 11/08. I think an attorney would help me fight for this as

well.

Sorry you are having to deal with all this. I know how hard it is.

Hugs!!

~Tammy~

Post edited by: suni19, at: 09/02/2009 03:42 PM


09/02/2009 03:46 PM
cherokeef34
cherokeef34  
Posts: 755
Senior Member

i will pray you get it ...

09/02/2009 04:06 PM
aTinaL
aTinaLPosts: 11832
VIP Member
I'm an Advocate

Holly, I have to agree with everyone else on this one, talk to a lawyer! asap! You should get a free consultation no matter where you go. You can check with your local bar association- they all have attorney referral services. There may be a nominal fee, but they'll give you a couple of attorneys to talk to that specialize in such matters.

Hang in there and let us know what happens!


09/02/2009 04:13 PM
broken
broken  
Posts: 11066
Group Leader

I also agree..get a free consult..

09/21/2009 11:27 PM
keltec
keltec  
Posts: 75
Member

ask your dr if your fibro could have been made possible by work or made worse by your job, then it would fall under worker's comp or work related disability.

Does ohio have a work at will/fire at will policy as ky does?

Last thing I could think of before contacting an attorney for (hopefully) free advice is looking up the americans with disabilities act and read up on it and be informed when you talk to your HR office. Good luck and I hope you can come out on top.

keltec


09/22/2009 10:57 AM
HAMPTON7026
HAMPTON7026  
Posts: 1366
VIP Member
I'm an Advocate

Hi keltec, As an employer in the state of Ohio I'm pretty sure Ohio doesn't have a fire at will policy. If I chose to fire someone I must have sign docoments of warnings in order to keep someone from getting their unemployment. Such as write ups for being late and write ups for poor preformance. If I don't have such write ups signed by the employee they are allowed to collect unemployment if I fire them. If they quit I don't have to pay unemployment. If I just fire they whithout good cause I have to pay unemployment benefits to them and I have to pay if I lay them off.

Hope this helps answer your question! Welcome to the group!

Lori

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