Job resignation/termination-unemployment benefits question

[snafu]

What were the terms and conditions of wife's employment? Is she a part time, full time, or hourly rated or temporary employee? Is the position she is filling a permanent, full time position?

There is something odd about being asked to resign due to a temporary medical problem. If the employer doesn't find her work acceptable [unable to write reports] she could/should counter with a temporary leave of absence, 'X' weeks.

There are terms and conditions to be met to be eligible for unemployment insurance and being unable to complete applications, hospitalization and recovering from surgery may make your wife ineligible for benefits.

As mentioned any verbal agreement is so much hot air, even informal written contacts are often not worth the paper their written on. It might be worth the cost of a legal consultation to find the best solution

[elessar78]

Full time. Her pay is based on an hourly rate, but she is salary. It was a permanent, full time position but she was still in her probationary period of 3 months. Of which she was not allowed to take any sick or vacation time. She is not eligible for a leave of absence because she is in her probationary period.

Further, when we were drafting her letter of resignation last night (haven't turned it in), I asked what date should we make it effective to. To which she responded that they told her she had been terminated effective immediately. Which made me stop because what's the point if they've already ended her employment?

I am consulting with our lawyer friends on the matter.

[disneysteve]

Originally Posted by elessar78

I asked what date should we make it effective to. To which she responded that they told her she had been terminated effective immediately. Which made me stop because what's the point if they've already ended her employment?

I am consulting with our lawyer friends on the matter.

This is sounding more and more like it is all about them covering their butts. Let us know what the lawyer has to say about this.

[selina_z]

Yes, I think it's weird for your wife to resign, since the company initially voiced out the termination . I think there must be something problem with the company.

[red92s]

Why wouldn't this be covered under FMLA? I agree that it sounds like they are trying to back-door into a wrongful termination without getting busted for it.


"The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. "

[Redraidernurse]

Originally Posted by red92s

Why wouldn't this be covered under FMLA? I agree that it sounds like they are trying to back-door into a wrongful termination without getting busted for it.


"The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. "

But the employee has to have been employed for 12 months full time by the employer to qualify for FMLA.

[elessar78]

Well, she went to talk to her boss yesterday and he said that he would put it in the record that my wife was terminated due to a medical condition that prevented her from fulfilling her job duties and that she does not need to turn in a letter of resignation. Essentially circumventing HR.

We'll see how this plays out. There are two entities here her dept. head and HR. I believe HR has different priorities, while the dept head is doing what is best for his people.

[elessar78]

Just to update this situation.

My wife went back to work at her "old" job last Monday! She was really relieved to be finally at work, as she really does love her job. The doctor cleared her to go back to work the Monday after Thanksgiving, but the bureaucracy/incompetence at her work delayed her re-start by a little more than a week after her clearance date.

The bills from her surgery are about $1100, we've paid some of it already. Not too bad considering. We're contesting some of it as they listed her as being in the Recovery room for 3 hours, however their computer system went down that day and they had trouble moving her into the room she was supposed to stay in. Medically, she was fine to move on after an hour (as told to us by her nurse/surgeon) but because of the computers being down, they couldn't make the transfer happen. Anyway, cost of one hour in Recovery Room is about 600 and our bill is for 500. So I'm just really trying to get them to knock it down 1 hour.