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  1. #1
    Join Date
    Jun 2010
    Posts
    5

    Default Appeal for Unemployment

    My question involves unemployment benefits for the state of: Tennessee.

    I was terminated by my employer citing that I had run out of medical leave and FMLA. I still had both and I am under a Doctors care till I have surgery on my hips. I applied for unemployment and was turned down citing that "when I was able to return to work, work would be available." I appealed and I am awaitng a phone hearing. During this time my employer called me and states that they are not going to fight the appeal or even "show" up for the phone interview and that they had filled my position already. I have certified each week but now I am afraid since I still cannot work due to health reasons that I still will be denied. My Dr had filled out my medical papers for the unemployment office as well. I am willing to work I just cannot at this time. Will I win the appeal if they do not respond and do I tell the appeal that they have filled my position at this present time? Any help would be greatly appreciated!! Thanks so much for your time!

    Thanks...confused in Tennessee.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Appeal for Unemployment

    How long were you off work?

  3. #3
    Join Date
    Jun 2010
    Posts
    5

    Default Re: Appeal for Unemployment

    From Oct '09 to present date I was going in and out of work due to my pain....went back and actually downgraded to part time to see of that would help. So I was in and out of work on medical leave and the FMLA.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Appeal for Unemployment

    FMLA leave IS medical leave. If you were on intermittent leave, generally you would have 480 hours of leave where your job was protected. It's not company medical leave AND FMLA leave; if the company offers medical leave and the condition qualifies for FMLA, then they run concurrently. So, were you off more than 480 hours?

  5. #5
    Join Date
    Jun 2010
    Posts
    5

    Default Re: Appeal for Unemployment

    Yes, and a week before I waa terminated they had sent a letter saying they were offering me 30 days of personal leave and then we would need to discuss my position with the company at that time and then then next week I was terminated and told it was due to the fact that I had no more leave.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,182

    Default Re: Appeal for Unemployment

    If you missed 480 hours of work in a 12 month period, then letting you go is legal. FMLA IS medical leave and it's the only kind of leave that your employer is required by law to provide. Once it has expired, your employer has no legal obligation to offer you any more leave of any kind. So it sounds as if your employer has actually provided more time than they are required to do.

    It is a myth that you will automatically win unemployment if the employer does not contest/appeal. In most states, in order to qualify for UI you must be able to work, actively looking for work, and available to accept work if offered. Your employer failing to contest/appeal is not going to override that requirement.

    So yes, it is quite possible that even if your employer does not attend, you will still be denied, at least initially. When you are able to work again, the situation should be different.

  7. #7
    Join Date
    Jun 2010
    Posts
    5

    Default Re: Appeal for Unemployment

    Thanks and if I still had FMLA? And I had returned to work part time is it still legal to terminate me? And the denial letter states that I was forced to leave work due to non work related health reasons. But I did not leave I was terminated. If I was released to work today and they have filled my position as they stated they have is that legal? Sorry for the questions but my FMLA has not expired or used up.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,182

    Default Re: Appeal for Unemployment

    Why do you say that your FMLA was not used up?

  9. #9
    Join Date
    Jun 2010
    Posts
    5

    Default Re: Appeal for Unemployment

    I just have checked with my previous employer: (In regards to your FMLA leave, you did exhaust your FMLA leave in February of this year, so you did use all 480 hours. We then extended our company medical leave policy to you and you used 49 of those 60 days.) I was terminated for health reasons but with no cause. Not sure what that means? I was back to work @ 20 hrs a week since January. My doctor however on my papers for the unemployment does not show my return to work part time. I think that is the problem I need to get another paper for the appeal showing that my doctor had returned me to work before the FMLA ended. Regardless, I think I answered my own question. Thanks for your time and for your patience and this will be my last post. I know how busy this site is!! Thanks again and I really appreciate your help!!!

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