My FMLA has rain out and my job is considering letting me go. Can I apply for unemployment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My FMLA has rain out and my job is considering letting me go. Can I apply for unemployment?
As I stated my FMLA has ran out and my doctors hasn’t yet released me. And there considering terminating me. And what they don’t know is I had 3 surgical procedures and that’s why it’s taken a little longer then the 90 days and I do want too add I never been absent
Asked on September 18, 2017 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It depends on how your employer describes your termination. They could simply call it a "termination"--an employer letting an employee go without the employee doing anything wrong, which is the employer's right when there is no written employment contract to the contrary. (Without a contract, you are an "employee at will" and may be terminated at any time, for any reason.) If they do this, you should be able to get unemployment.
But if you stay out of work after your FMLA leave runs out, then you will have unauthorized absences. Unauthorized absence is grounds for termination "for cause"--for doing something wrong. If you do not return to work, your employer could consider that you have unauthorized absences and terminate you for cause, in which case you are not eligible for uemployment benefit: for cause termination means you cannot get unemployment.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.