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Terminated while out on STD in California California

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  • Terminated while out on STD in California California

    While out on STD I received a letter from my company's HR dept letting me know that I was terminated. The reason given was I was not in contact with our STD insurer, which was not the case I had been in contact and made sure all necessary documentation was forwarded to them. As a matter of fact I received a letter from the insurer stating I was approved a week after termination. I contacted my local boss and he suggested that I call HR since it was a senior benefits administrator who terminated me. I contacted her office but only got voicemail. I filed for UE benefits when my doctor cleared me to return to work in February and was denied. The EDD is stating that I voluntarily quit. They stated that I made no attempt to keep my job. I was in weekly contact with my local office as per our handbook and let them know what my current status was. My doctor had sent me to a specialist and I was in PT during this time. While waiting to see the new doctor I had problems with my old doctor which held up my STD payments. Once she sent me to the specialist she would not sign anymore paperwork. I was unable to return to work even if I was able to at the time because my work required a full release and my local boss was aware of this situation. CAn anyone tell me if I have a chance on winning my appeal with the EDD?

  • #2
    Did FMLA or CFRA apply in your case?

    If so, how much total time did you miss before you were cleared to return to work?

    Thanks.

    (Re the unemployment ins., you just need to tell the truth. We have no way of knowing what the decision will be. Definitely appeal though.)
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      There was never a mention of FMLA or CFRA from my employer they put me on a LOA as soon as my doctor took me off of work. I went out on Disability on 09/03/2009 I was terminated on 11/18/2009. I was not cleared to return to work until 02/09/2010 so I was out a little over 5 months. I have filed my appeal and have a hearing next week my concern is that I did what my immediate boss requested of me and then HR terminated me. It is my understanding that the VP for the west coast made a statement that people in HR do not fire people yet my letter is from HR. I was in contact with them as well so I am just frustrated. The letter states that I was terminated for not following through and I did.

      Comment


      • #4
        Even with FMLA and CFRA, the longest the employer is required to hold your job is 12 weeks.
        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.

        Comment


        • #5
          Short term disability offers no protection for your job...
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

          Comment


          • #6
            I know disability can not hold my job. My frustration is with the company terminating me when I complied with all that they were asking of me. The EDD has now disqualified me because of this situation and I am appealing the decision but financially it is starting to take a toll on my family. I have been looking for employment but no luck so far.

            Comment


            • #7
              As cbg noted, even with FMLA/CFRA they would have only protected your job for 12 weeks.

              All you can do is appeal & keep looking for other employment. Good luck to you.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                What the other posters routinely omit is the fact that a leave of absence can be a reasonable accommodation for a disbility. Also, was there no mention of CFRA because your employer has less than 50 employees? You should run this by the Department of Fair Employment and Housing.

                Comment


                • #9
                  I agree that a leave of absence can/may be a reasonable accommodation for a disability though OP wasn't released for work until 5 mos. after going out. (not that it "might" not still have been a reasonable accommodation though it could also have been a hardship)

                  OP didn't mention why FMLA/CFRA didn't apply. (though that's only 12 wks. max. of job protection)

                  PS - I hear you though, Endeavor.
                  Last edited by Betty3; 04-30-2010, 07:22 AM. Reason: add PS
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    I dont think OP knew about FMLA or CFRA; or why it didnt appy... It sounds like the employer just didnt mention it at all.

                    Comment


                    • #11
                      Which might mean that the employer does not have the 50 employees required for them to take effect. The poster has given us no idea how big the company is.
                      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.

                      Comment


                      • #12
                        Agree, we really don't know if FMLA/CFRA did or didn't apply - wasn't mentioned to OP so very well may not have applied for one reason or another. The thing is even if applied would only be max. 12 wks. of job protected leave.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment


                        • #13
                          I would like to thank you all for your responses. The company that I was employed with is a nationwide company with over 3000 employees. I did know of FMLA/CFRA as I had used it the year prior after delivering my son. The problem I and many others have had with this company is their lack of communication and timely paperwork being sent to the employee. There have been several lawsuits in recent years by employees and former employees and it does not seem to have improved the manner in which they deal with these situations. Case in point the last time I was out I was in constant contact with employer while on bedrest for a pregnancy. After several VM lesft with HR I finally 3 months late received my letter stating what I portion of benefit payments would be and that I had a lump sum over $400 that was due immediately. I think that I am just frustrated with the company and its practices after working with the HR dept perfessionally and personally I would have to say that they need to look at there on department or their will continue to be more lawsuits by employees. I was so concerned about the office that I made sure I trained the temp they brought in when I went out so the office was covered in my abscense.

                          Comment


                          • #14
                            So was the reason CFRA didn't come up because you had already used up your 12 weeks for the year?

                            You should consider filing a complaint with the DFEH. I can't imagine even a 5 month leave of absence being unreasonable for a company with 3000 employees.

                            Comment


                            • #15
                              However, it's not clear how many employees are where OP is employed except it's at least 50. It's a nationwide co. & many employees could work at other facilities in other states. Depending on the # of employees where OP works, it's "possible" that a 5 mo. leave could be a hardship. OP can certainly file a complaint with the DFEH & have them investigate.

                              strssdout, as Endeavor asked, was FMLA/CFRA (for job protected leave) not brought up because you had already used up all of your time for the year?

                              Thanks.
                              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                              Comment

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