My Work Fired me while I was on FMLA (CA)?

[victorio83]

I went out on Family Medical Leave act last year when my husband fell ill. Now, my work had previously had wanted me gone. I was absent a lot, and late because I am his caretaker. And although i was protected, it still made them resent me highly. So, last year, I took several months off, becuase he was very sick. I submitted to them proper documentation from the doctor, and was approved the leave. However, during my absence, they found a way to get me fired. They sent paperwork, very important paperwork to my mother's home, (I dont get along with my mom, my supervisor knew this, and knew i would never see this).. The paperwork was very time sensitive, and since I didnt respond to this paperwork, they had thier excuse to fire me. I believe that I cannot be fired under FMLA for being absent becuase of an illness. However I believe also that I can be fired if it is not related, like in this case, they claim my negligence in giving them documentation requested, means that it is not directly related. I think it was a pretty low down thing to do. And, to top it off, I filed for Unemployment, and my Company (I work for the state of california by the way for 19 yers) is vehemently fighting that I dont get this. I have barely enough money now for food, and have lost my house, and my car, and we are in appeals court fighting this. I think I was unjustly let go, and therefore I think after 19 years, I am entitled to unemployment. Thier arguement is that I didnt keep in good contact with them, and that I didnt give them the documentation they requested. I also didnt show up for an appointment with my supervisors that they scheduled, and mailed to my mom's house once again.
I have been fighting this, and fighting this, and I will have another hearing in a couple weeks. But, I am exhausted, and just want to move on. Does anyone out there know the laws in CA? about unemployment? FMLA? Anyone ever appeal thier unemployment decision? And, did you win it? If I dont have much of a chance (my employer has high dollar attorneys, I cant barely afford the gas to get to the hearing, let alone an attorney!) Any advice anyone can give me? The one thing I have to admit to being guilty about is that I really probably shouldve stayed in better contact. I did tell them that I would be out indefinently, with a "Hopeful" return date in Febrauary 2009. I didnt think to really check in but twice during that time. I do know they were sneaky about it, no doubt. So, being that I didnt do everything right either, do I have a shot, or is it not worth fighting these big companys and governments?

[wahchintonka48]

I went out on Family Medical Leave act last year when my husband fell ill. Now, my work had previously had wanted me gone. I was absent a lot, and late because I am his caretaker. And although i was protected, it still made them resent me highly. So, last year, I took several months off, becuase he was very sick. I submitted to them proper documentation from the doctor, and was approved the leave. However, during my absence, they found a way to get me fired. They sent paperwork, very important paperwork to my mother's home, (I dont get along with my mom, my supervisor knew this, and knew i would never see this).. The paperwork was very time sensitive, and since I didnt respond to this paperwork, they had thier excuse to fire me. I believe that I cannot be fired under FMLA for being absent becuase of an illness. However I believe also that I can be fired if it is not related, like in this case, they claim my negligence in giving them documentation requested, means that it is not directly related. I think it was a pretty low down thing to do. And, to top it off, I filed for Unemployment, and my Company (I work for the state of california by the way for 19 yers) is vehemently fighting that I dont get this. I have barely enough money now for food, and have lost my house, and my car, and we are in appeals court fighting this. I think I was unjustly let go, and therefore I think after 19 years, I am entitled to unemployment. Thier arguement is that I didnt keep in good contact with them, and that I didnt give them the documentation they requested. I also didnt show up for an appointment with my supervisors that they scheduled, and mailed to my mom's house once again.
I have been fighting this, and fighting this, and I will have another hearing in a couple weeks. But, I am exhausted, and just want to move on. Does anyone out there know the laws in CA? about unemployment? FMLA? Anyone ever appeal thier unemployment decision? And, did you win it? If I dont have much of a chance (my employer has high dollar attorneys, I cant barely afford the gas to get to the hearing, let alone an attorney!) Any advice anyone can give me? The one thing I have to admit to being guilty about is that I really probably shouldve stayed in better contact. I did tell them that I would be out indefinently, with a "Hopeful" return date in Febrauary 2009. I didnt think to really check in but twice during that time. I do know they were sneaky about it, no doubt. So, being that I didnt do everything right either, do I have a shot, or is it not worth fighting these big companys and governments?

You have a shot and keep on fighting if you can. Good luck.*

[adare]

Be fair. I know your situation is bad, but you sound like the employee from hell. What company would keep you? You hardly ever go to work and when you do you are late. Your mind isn't on the job and apparently they can't find you when they need you.

They expected you back at work in February and it's 1/2 year later than that. I'm sorry, but there are just too many people out of work to hold onto a job for you indefinitely. I'd sure hate to be the employee responsible for taking up the slack you have left.

[osbourne]

I'm not going to read all this clutter BUT I did read up till the part where you say they sent the paperwork to your mothers house....

Obviously you had to give them your mothers address for them to have it on record. You and your mother are having issues therefore you did not get the paperwork they sent you. How is this your employers fault? Stop making excuses and exercise some responsibility in your life. It is not your bosses responsibility to hold your hand on or off of the job.