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Denied Uneployment benefits Texas

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  • Denied Uneployment benefits Texas

    I was terminated from my job in late January. The reason given was excessive absences in the month of January with a total of 5 absences. My mother was in the ICU for over a week, and I took 3 days off to be with her and help out. A couple of weeks later I baecame ill and took two days off. I had the PTO's to cover the days off, and believe that the family medical leave act should cover the 3 days in which my mother had "overnight stays" in ICU. I have been denied my unemployment benefits due to excessive absences, what are my options, thanks.

  • #2
    How many employees does your employer have within 75 miles of your location?
    How long have you worked for this employer?
    In the calendar year 2010 (that will be close enough for this purpose) did you work a minimum of 1,250 hours?
    Did your employer know the reason for your absences?
    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


    • #3
      Response

      My employer has different divisions under same umbrella. Out of my office there were approximately 30 or so. Within 75 miles well over 100 employees. I had definitely worked over the hours you had stated, Worked at a different branch in town and then transfered to site of termination in march of 2010. Employer new of reasons for absences, never requested documentation for Family member in ICU, although could easily be provided, and never requested a doctors note for my illness.

      Comment


      • #4
        This is critical. How long have you worked for this employer OVERALL. NOT, just how long at this branch or division, but TOTAL.

        There is a reason I'm asking.
        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
          Response

          I've worked with company since November of 2009 till termination date of January 28th 2011. I had previously worked at company for a different division from Sept. 05 to February 6 2008, if that information is needed as well. I resigned from that position after things soured between my supervisor and myself. At the most recent branch said supervisor was shuffled in to my chain of command and was what I believe the driving force behind termination.
          Last edited by Roy11; 03-27-2011, 11:30 PM.

          Comment


          • #6
            Okay, here's the deal.

            It sounds as if you and the employer both qualify for FMLA. However, based on your description, I'm not 100% convinced that FMLA was an appropriate response for the first three days you were out, and it definitely wasn't for the second two days. There's nothing I can tell you that will get your unemployment benefits activated; you can appeal for as many times as your state will let you, but there's nothing we can do beyond that. However, it probably wouldn't hurt for you to contact the US DOL and see what they think regarding the FMLA issue. More detail would clarify the situation but I'll leave it to them to ask for them.
            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


            • #7
              response

              I didn't evoke the FMLA because of the absences, my PTO's were used on all 5 absences. I know that they were used because I didn't receive payment for the 5 pto's given per year on my last paycheck. If they accepted my pto's why was excessive absences given as a reason for termination when thats the ammount the company issues. How can they deny my unemployment claims when I used the pto's awarded to me for just reasons?

              Comment


              • #8
                PTO and FMLA are not mutually exclusive. The employee can request or the employer can require that PTO be used for FMLA-related absences.

                The fact that PTO was used does not automatically make the absences excused.
                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


                • #9
                  Response

                  So the company can accept my PTO and then fire me for taking it?

                  Comment


                  • #10
                    Yes, barring FMLA protection.
                    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


                    • #11
                      It was apparently because you took too much PTO in one month. (& no
                      time off was charged to FMLA)
                      Last edited by Betty3; 03-28-2011, 08:29 AM.
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                      Comment

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