Q: Can I qualify for unemployment if my employer cannot accomodate my light duty work restrictions under a fmla leave?
My employer did nor approve my fmla within 5 days after several interference and retaliation actions. They say I cannot work under the restrictionswhen after I return to work after my intermittent fmla period. They have tried convincing me to take fmla form to my dr and have my medical information changed to they're liking. So I filed for unemployment. When they got notification of the claim they tried forcing me to resign by text messages and off guard phone calls. Stating in order to respond to the claim they need me to send a resignation letter. After I ignored it they approved my fmla the day of getting the unemployment notification of my claim. They have sent me a Designation form stating after two weeks of my treatment I cannot work under my restrictions. I tried explaining to them that my case load of patients did not require lifting at all which did not exceed my restrictions. They still refuse to let me work. Can I get unemployment???
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
