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Labor law question - Can i file for unemployment?

  
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Labor law question - Can i file for unemployment?

Postby shadrach » Thu Jun 14, 2012 4:48 am

I was out on medical leave for 6 weeks due to crohns disease and i was in the hospital for that period of time im in the process of filling for disability (my doctor recommends) once i was released from the hospital i brought all my paperwork to my job and to give them an update the owner of the company told me she is terminating me until im released from my doctor because i have 3 surgeries coming up and she felt we had a lack of communication (let me add i was in the hospital basically sedated the hole time and receiving blood transfusions and she knew of this bc she would come see me often) she told me that i can have my same position back when i am released but she will start me back at the bottom of the pay scale i have been there since the day i turned 18 and i am now 24 this is my first time ever missing work and my question is can i file for unemployment or something since i terminated?? i am still sick and i have my first surgery tomorrow and my disability is a 4-6 month process. also i live in louisiana
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Labor law question - Can i file for unemployment?

Postby voliny13 » Thu Jun 14, 2012 4:57 am

In order to collect unemployment, you have to be willing, able and available for full time work. You aren't.

Although miserable, Crohn's is not a total disability and it can be treated with a variety of methods, including diet. Also if you never missed work in 5-6 years and all of a sudden Crohn's ocurred, that is very strange.

It's probably time to turn to your family for help. With 3 surgeries in your future and no job, you need them to take care of you.
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Labor law question - Can i file for unemployment?

Postby arvad » Thu Jun 14, 2012 5:00 am

Unfortunately, unemployment is for people "able to work and available to accept work". It does not sound like you meet those requirements.

Louisiana does not offer short term disability. Unless you have private or your company offers a separate plan, you are not eligible for any plan.

If the company has more than 50 or more employees, you are entitled to Family Medical Leave which will give you 12 weeks off work and allows you to keep your same job. You don't have to take the time all at once, so if you can return to work inbetween surgeries, you might be able to ick out 12 weeks of time.
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Labor law question - Can i file for unemployment?

Postby chozai65 » Thu Jun 14, 2012 5:07 am

if your employer has 50 or more employees in a 75 mile radius then you are eligible for FMLA, if not there is no Other law that protects your job, it doesn't matter if you were in a coma, you would not be fired for being sick you are fired for attendance the reasons you missed work are irrelevant in the eyes of the unemployment office, as you were terminated for cause you would not be eligible for unemployment and one of the requirements for unemployment is you must be able and ready to accept full time employment, disability does not protect your job it just gives you a pay check
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Re: Labor law question - Can i file for unemployment?

Postby Kellen » Fri Feb 22, 2013 9:37 am

You can get unemployment if you able to work in future .But you must apply for unemployment before you terminate may be there are some rule that are in your favor.But i think its impossible to get the unemployment in this situation.
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