FIRED while collecting TDI in RI ?! Is this legal? What are my rights? Rhode Island

[flyersandeagles]

My family and I lost our house in a tragic fire in Charlestown, RI on April 25, 2010. We barely escaped with our lives, and very little else. After a month, I felt obligated to return to work - as my employer had been very gracious with giving me the time off to do whatever was necessary right after the fire. Once I returned to work, I really struggled for a few months, with my high stress (management) job and everything else that I was dealing with. It was determined that I was suffering from stress and anxiety, and my doctor took me out of work on Aug 11. I've been collecting TDI benefits from the State of RI, and going to therapy as well as seeing my doctor. I have been sending in my portion of my health/dental benefits ($) to my employer. I have been out of work for 13 weeks now. Today, I received a letter that (effective Nov 11) I've been terminated from employment. Not only do I look at this as cold-hearted, but is it even legal? And if so - can I continue to collect TDI benefits for the remainder (30 wks total)? And what do I do after TDI runs out? Can I file for unemployment? Understandably, my wife and I are very upset. Any advice would be much appreciated. Thanks in advance!

[cbg]

If you have been out for more than 12 weeks, then yes, it's legal. Cold hearted as it may seem, the employer has a business to run and 12 weeks is the maximum he is required to hold your job for you. There is nothing in collecting disability benefits that protects your job; only FMLA protects your job, and FMLA runs out at 12 weeks. When FMLA is expired, you can legally be termed, regardless of whether you are still collecting disabilty benefits or not. It should not affect your disability benefits, and when they expire you may apply for unemployment. Assuming that you qualify in other respects, they should be granted.

[Betty3]

When your disability benefits run out, you can apply to UI benefits but keep in
mind at that time you must be ready, willing & able to work/looking for work.

[flyersandeagles]

Thank you CBG and Betty3 for your responses. I do appreciate it.

[Betty3]

You're welcome. Good luck to you.

[PRHRRI]

Since Nov 10th was your 13 week out they let you go right after you RIPFMLA expired, which is perfectly legal. RIPFMLA has a slight deviation from FMLA law, they allow 13 weeks every two years for the same reasons as FMLA. So how it works out is one year you can take 13 weeks the next 12 weeks and so on. Leave it to RI to be just a "bit" different then everyone else.

You should be able to collect UI though final determination can only be made by UI (and remember you can always appeal should you be turned down, though getting the appointment can take months).

I have been involved with cases similar and they did receive it because they are out of work through “no fault of their own” but again only UI can say for sure if you will get it.

If you are found eligible to collect, Betty has an excellent point here; you have to be ready, willing & able to work/looking for work in order in order to continue to collect.

Good luck with everything

[Betty3]

Gee, you edited just to add my excellent point.

[flyersandeagles]

Thank you PRHRRI. Sorry, I hadn't been on the site in a while, and just saw your comment. I think I understand everything. Thanks to everyone that cared to respond. Happy Holidays to you all. I am happy to have my family all alive and well.

[Betty3]

Happy Holidays to you & your family also.

[dischargedafter12wksFMLA]

The same thing happened to me...I'm now awaiting the "telephone interview" from the EDD office to see if I qualify. As soon as my doctor released me for work (after 9 months off) I contacted my now "previous" employer to see if they would rehire me (I want my job back ) but they said that they were not hiring...now I'm awaiting the UI qualification outcome and am sick to my stomach with worry. All the "discharge" letter said was that my 12 weeks of FMLA expired and I didn't return to work and they regretfully have to separate me from employment there but would consider me for a rehire. Then on the actual "form" it said "discharged"...I was devistated!