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Termed/resigned while on FMLA Nevada

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  • cheystine
    started a topic Termed/resigned while on FMLA Nevada

    Termed/resigned while on FMLA Nevada

    I am receiving short term disability insurance payments while on FMLA; Sun Life (short term Disability Company) told me Feb.10 was when my short term expired
    Last night my roommate told me to call HR because word of mouth is that I am fired. I called HR to verify this and the director of HR told me my leave of absence had expired and they were giving me a choice to resigned or be termed, My company out sources this service to a company called A.R.C (absence resource center) I called them and found out my case manager was fired so I did not receive any letters or phone calls. The new case manager is starting an investigation. What should I do? Should I get a lawyer? Is it legal to term me while on FMLA?
    Last edited by cheystine; 02-28-2010, 02:22 AM.

  • Betty3
    replied
    Good for you.

    Leave a comment:


  • cheystine
    replied
    I won and got my job back

    Good news I got my job back because ARC didnt communicate with me about start dates...I am working again.

    Leave a comment:


  • Betty3
    replied
    Good point. If you are given that choice (resign or be terminated), rarely would it be to your advantage to resign. It would be to your disadvantage if you resigned when applying for unemployment ins.

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  • DAW
    replied
    While I agree with everything said, I am going to add that it is almost never in the employee's advantage to quit.

    Leave a comment:


  • Betty3
    replied
    Agree, FMLA would have started before your surgery on 12-17-09.

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  • Pattymd
    replied
    If you've been totally out since August, that is WAY more than the 12 weeks of job-protected leave under FMLA. Therefore, it would be legal for the employer to terminate your employment. Being on short-term disability does not protect your job; only FMLA does that.
    Last edited by Pattymd; 02-07-2010, 07:42 AM.

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  • cheystine
    replied
    Start date for STD is 8-2-2009, end is 2-2-2009, However my surgery was postponed to 12-17-2009 and recover for that is 3 months, Doctor discharge date is 2-18-200, I faxed the Dr paper work to them in Jan 2009. FMLA started 6 weeks after the initial surgery which was 12-17-2009.
    Last edited by cheystine; 02-07-2010, 07:41 AM.

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  • cbg
    replied
    Now hold on. Above, you said you'd been out since December. Now you're saying you've exceeded six months of STD. The answer is different in that case.

    Please tell me, EXACTLY, the EXACT number of days you have missed for medical reasons in the last 12 months.

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  • cheystine
    replied
    I also found out I am STD which is 6 months which I went over but they didnt inform me or send me a letter about my hours been expired. ARC case manager admitted it was there fault about the lack of communication..

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  • cheystine
    replied
    Good point! However, when my Director told me on the phone I had 2 chioces to resign or be termed. It sounded like my job was in jeopardy. I called ARC and have them on record admitting they made a mistake. I am taking this to my HR on monday..

    Leave a comment:


  • cbg
    replied
    If they've acknowledged the mistake, how is your job in jeopardy?

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  • cheystine
    replied
    FMLA is 6 weeks after my surgery which was Dec 17, 2009. I spoke to the case manager at A.R.C and they told me there was a lapse of communication. However, they have jeopardize my job of 14 yrs. because they told my director I had expired my Leave of absense.

    Leave a comment:


  • cbg
    replied
    That depends. It may be. FMLA is not open ended and if it has expired, then yes, you can legally be fired. STD benefits do not provide any kind of job protection.

    How long have you been out?

    Leave a comment:

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