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Unemployment after medical leave? California

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  • Sebrina
    replied
    I know first-hand how an employer's actions can make you sick.

    Cacao girl,

    I joined this forum because the averse actions of my employer were such a shock that I started having anxiety that wouldn't go away. I've been growing and learning so well at my job; my department and supervisor so suppportive; and I received a great performance evaluation at the end of the year; I was handling my caseload - no mishaps - everybody was happy; I felt ready for an additional challenge, cases were down and I offered to take on the caseload of a fellow that was retiring (because management is always complaining our department is always in the red and I thought it might help keep my job secure). 5 weeks after my satisfactory performance review they give me the additional clients which more than doubled my caseload. , and simultaneously, put me on disciplinary probation. They say there are problems with my work and so you are being placed on probation. What sense does that make? This effectively stripped me of the confidence I had mainly because management refuses to identify what the change is they are looking for, despite my requests for clarification. Nothing was identified in my evaluation 5 weeks ago. Anyway, I was able to get over that hurt in about a week, but then more off-the-wall stuff happened; my supervisor is totally contradictory in her direction, and I got my reply to the grievance letter I wrote regarding the probation. It was a nasty letter from the President of the nonprofit. That was Tuesday. Wednesday I took a personal day but ended up going to the Doctor because I felt so horrible from adrenaline pumping through my body from anxiety. I was nearly cured leaving the Doctor's office because he gave me the rest of the week off! He agreed to put me on a short-term medical leave, but only if I agreed to go on medication. I don't want to take that stuff - to me it is like poison. I spent two of the days I got off from work applying for other jobs. I almost drove to Jacksonville to see an attorney who specializes in employment law. It's just wrong for an employer's ignorance to be injurious to their own employees. Ever any lawsuits related to that?

    Leave a comment:


  • Betty3
    replied
    The only options I can see is "apply" there (tell them you are now able to return to work) & maybe they won't have anything available for you. You can then tell that to the UI office. If they do offer you a job, you won't get UI if you don't accept it. If they did offer you a job, can you work there while looking for other employment?

    I can't think of any other options. Sorry, wish I could.
    Last edited by Betty3; 03-04-2009, 03:56 PM.

    Leave a comment:


  • Cacaogrl
    replied
    I talked to the EDD and need help with a letter

    I feel like my worse fears have come true. The EDD says even though I haven't heard from my employer for 10 months, now that my doctor has released me to go back to work I have to write this employer and tell them I am able to work. They were so abusive to me when I was ill, and harassed me when I was on medical leave, and cancelled my health insurance and told people I no longer work there, I apparently have to ask for my job back. What should I say in this letter besides the bald facts? I don't want to work there. I want unemployment so I can look for a job elsewhere where they are not abusive to me, and I can't imagine they would want me back. But what do I do if they say they have a job for me? If I go back there I will have another nervous breakdown.

    Leave a comment:


  • Betty3
    replied
    You can do the above. The only problem I see is that you don't want to go back to work there (don't know if you would want to apply there or contact them) & if they did possibly offer you a job & you turned it down, the UI folks will say you didn't accept available work.

    Once again though I don't know if you will be able to qualify for UI since you have been off work for so long - may not have made enough salary in the "look back (base) period." However, you might depending on when you are able to return to work, your salary, etc. You can always apply & see after you are ready to return to the work force.
    Last edited by Betty3; 02-11-2009, 01:09 PM. Reason: add info

    Leave a comment:


  • HR/DisMgr
    replied
    Actually, I would contact them about returning to work. (After you have your medical clearance.) It is probably true that they terminated you, but UI will want to see that you made all reasonable efforts to return to work. I would contact them and document the time/date/person you speak with and their response to your RTW question.

    Again, they will probably say they have nothing for you, but you can make that information available to UI for proof of your efforts.

    Leave a comment:


  • Betty3
    replied
    Originally posted by Cacaogrl View Post
    Thanks Betty, yes, I havebeen on CASDI continually and it expires next month. My employee did pay UI taxes. I don't want to go back to this employer given the way they treated me while I've been ill. In the absence of any communication from them I'm guessing they terminated me. To clarify my question, do I have to tell them I'm recovered or can I just apply for UI and look for other work? And what do I say when I apply? I'm sure they will want to get out of paying me anything given their treatment of me.
    I assume also that you have been terminated & if you don't want to try to get a job back there, you can just look for other employment when you are ready to return to work. I see no reason why you have to say anything to them since there has been no contact between you for months. However, like I said previously, you might not have made enough salary in the required periods to qualify for unemployment ins. Just for your info, the state & not your employer decides if you get UI if at first you meet the salary requirements.

    Leave a comment:


  • Cacaogrl
    replied
    Thanks Betty, yes, I havebeen on CASDI continually and it expires next month. My employee did pay UI taxes. I don't want to go back to this employer given the way they treated me while I've been ill. In the absence of any communication from them I'm guessing they terminated me. To clarify my question, do I have to tell them I'm recovered or can I just apply for UI and look for other work? And what do I say when I apply? I'm sure they will want to get out of paying me anything given their treatment of me.

    Leave a comment:


  • Betty3
    replied
    I assume you qualified for Ca. SDI. A person gets unemployment ins. when they are ready, willing & able to work. When an employee is no longer disabled & can return to work & have no job to go back to because their job was terminated due to their being on leave, they can normally collect UI. However, in your case with already being off almost a year, you probably won't meet the salary requirements in order to get UI.

    As long as you have been off, I'm not sure your leave hasn't already been a hardship to your employer & I don't know if they will take you back. You also noted you probably would only be able to work part-time at first & this might not be acceptable/available by your employer. Your employer also didn't seem happy with your e-mail acct. set up. You can only ask them about a job if you are willing to work for them after you are well enough to work. You may have to look for other employment.

    Good luck & I hope you continue to improve medically.
    Last edited by Betty3; 02-10-2009, 03:26 AM.

    Leave a comment:


  • Cacaogrl
    started a topic Unemployment after medical leave? California

    Unemployment after medical leave? California

    I work for a small employer who was very angry that I became medically disabled last year. After my doctor put me on leave and the state accepted my claim, he wrote me a letter asking me to complete a very detailed form about what accomodations I needed, which I and my doc completed as best we could given I was still unable to work. He states in the letter that my being on leave was a hardship for him and my leave may not be approved. After I submitted the form one of the staff called me at home and harrased me about my email account, which was linked to my personal email account. He pressured me into giving them my personal password. Later, I changed my password and called the 3rd party pc support for help He said they were accusing me of "bad things" and separated my work and personal email accounts so that I could have my privacy (all with Yahoo) and they could have my work emails. I have excellent ethics and my only wrongdoing was to become ill. I behaved there with extreme responsibility but I had to leave suddenly due to this illness, a reoccurance of a severe illness. They cancelled my health insurance in late June retroactively to April 30 and I have been on COBRA. My leave has been extended several times and I have either faxed or mailed my drs notes. 3 months later a friend called them because a birthday card for me was delivered to my work address and he wanted to retrieve the gift. They told him they had no idea where I was and did not have the gift. He physically went there to inquire about the gift and the owners wife was there, gave him the gift (they opened the card and gift and thrown away the card). She told him as she returned it that she was planning to keep it for herself but he could have it back. I have not heard a word from them since. I'm waiting for my W2 still. They took my name off their website in September.

    My question is am I eligible for unemployment after my leave? I will have been off work for a year next month and although I'm not feeling great I think I could try temp work until I am up to a permanent job. Given the way they've treated me and the length of time I've been on leave, do I have to go back there? Do I have to tell them my leave is up? What reason do I use for unemployment? This man does not have an HR person, only 6 staff including me.

    Thanks for your help.
    Last edited by Cacaogrl; 02-10-2009, 01:31 AM.
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