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  1. #1
    Join Date
    Jul 2015
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    1

    Default Can You File for Unemployment if You Haven't Been Officially Fired

    My question involves labor and employment law for the state of: NJ

    I have a friend that has been on disability leave since January of 2015, and has been cleared to return to work. However, the owner of the company will not reinstate her position, she can not apply for Unemployment benefits as she is technically still "employed". She is getting the run-around from the owner of the company about being reinstated. She has two children that will be going back to school in little over a months time, she has no income coming in at this time, her bills are stacking up, and she is stressed out completely by this matter.

    Is there anyone she can contact, or go to, to get this matter resolved so that she can either get her position back, or apply for unemployment benefits? I have exhausted all my resources at this time trying to find the right course of action to take, that she has already went through. If someone can give me a good understanding of what she needs to do I can and will pass that information along to her.

    Thank you for your time,
    J.W. Marshall

    Again I apologize if this thread is in the wrong topic

  2. #2
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Not Sure if This Belongs Here, but

    A person who is not being paid is unemployed!

    If she exhausted all appropriate leave and was unable or unwilling to return on time ...she might well have been fired for cause.

    Something else is,going on......

  3. #3
    Join Date
    Dec 2009
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    Lake Chapala
    Posts
    3,043

    Default Re: Not Sure if This Belongs Here, but

    Quote Quoting HRinDEVON
    View Post
    A person who is not being paid is unemployed!

    If she exhausted all appropriate leave and was unable or unwilling to return on time ...she might well have been fired for cause.

    Something else is,going on......
    Please! Address the OP's issues and stop hypothesizing! Nowhere has the OP indicated that anything like a firing has occurred, for any reason. How many times have you been warned against doing this?

    OP, based on what you have posted, your friend needs to apply for unemployment insurance benefits immediately. The longer she waits, the less she'll end up getting it, as they will only pay her from the time she applies onwards. And no, she doesn't have to be told she is unemployed, for UI purposes she is unemployed as long as she is:

    1. able to work; and
    2. not working.

    Regarding whether or not her employer is legally required to return her to her job, this depends on a number of factors. If you answer the following questions, we will be able to determine what her employer is required to do.

    1. How many employees does the employer have within a 75-mile radius of your friend's job?
    2. Did your friend work at least 1250 hours during the year immediately preceding the start of her sick leave?
    3. How long was she actually off on sick leave?

    Thanks.

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