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Fired for being sick? Do I qualify for unemployment? Virginia

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  • Fired for being sick? Do I qualify for unemployment? Virginia

    I was just fired! Im in shock, been with the company for 9 months. I have numerous awards, kudos, my stats are great, am complimented on what a great employee I am, My preformance evaluations are top-notch. I havent missed a sick day at all in the first 7 months and have sick time accumulated. i recently started having some medical problems, and have scheduled the majority of my appts and procedures around my job. However in august, I missed three days (all with Dr notes). I was called in to a meeting saying that since I had missed 3 days in a 30 day period, I was being given a warning. I explained my medical condition and my supvsr recommended that perhaps" a leave of absence could be granted " SHE advised me that instead of calling in, to have my Dr put me off during my treatment period. I did just that, my physician agreeing that some time off would be beneficial to my condition. I got all of the necessary records, dr notes, forms etc filled out and returned to her. HR called me today and adv they wont approve my LOA! I havent been there long enough for FMLA, was told that since I have to be off for several weeks, that I could either resign or be terminated! I told her I did not want to resign. I was advised that if I resigned, I could be rehired later, but If not , I would be terminated. I refused to resign, so Hr said they are "sending me a letter". I am assuming I am terminated. Can they do this!? I have a legitimate medical condition!! Now Ill lose my insurance and my income..I cant make it like this!! Why are they doing this!?..I swear I have been a loyal, punctual and good employee up until August...missing three days only! and only filed for the Leave because my Supervisor told me to do this to keep from losing my job due to absences!
    Harmony Sunshine

  • #2
    It is a myth that you cannot be fired for anything connected with a medical condition. Since you do not qualify for FMLA, and since your employer is not obligated by either state or Federal law to provide a leave of absence of any length for a non-FMLA-qualifying condition, yes, you can legally be termed, legitimate medical condition or not. (A doctor's note has no force in law outside of FMLA.)

    The only caveat would be if your condition qualifies under the ADA AND a SHORT leave of absence would allow you to return to work and fulfill all the essential functions of your position on an on-going basis.

    Did you explain to HR that you were following the instructions of your supervisor (who was obviously talking ahead of her authority)?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.