How to Fight for Unemployment When an Employee Was Terminated Based on Physician's Leave
Fighting for unemployment when terminated while on physician's or medical leave involves research, preparation and documentation. While you may be covered under the federal Family and Medical Leave Act, there are many instances where it might not apply to your individual situation. Numerous states also have their own detailed regulations for both leave and unemployment compensation, so research is critical to determine how your situation applies. The reason for your termination also is important, and documentation of the reason for separation is required.
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Instructions
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Obtain copies of your employment records and personnel file. Gaining access to these records is possible under federal law. Secure a copy of your last performance review and any performance documentation. Retrieve any personal documentation you may have regarding your performance while employed. Obtain your employee handbook and any documentation from your company about your physician's leave.
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Obtain copies of your medical history as it relates to your physician's leave. Gather copies of insurance payments and prescriptions. Secure any physical documentation, like pictures or DVDs that support your physician's claim. Retrieve any written letters or emails from your company regarding your leave.
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Prepare for your visit to the unemployment office. Gather all supporting documentation and arrange it in a logical fashion, most likely by date. Produce documentation for your leave and any company policies and procedures regarding the leave. Prepare to bring all supporting documentation with you to your unemployment meeting. Seek legal assistance if you feel it is necessary.
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Meet with your local unemployment representative. Produce all of your documentation and allow the representative to review it. Clearly and slowly state your case and use your documentation as support. Avoid opinions or emotional statements. Stick specifically to the facts of your case. Support all of your claims with proof and documentation from your research. Answer all questions specifically and factually. Remain calm and composed during your meeting. Supply the unemployment representative with any additional information she requires. Thank the representative for her time and efforts.
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Tips & Warnings
Make copies of all materials.
Threats and emotions do not help your case. Remain unemotional as much as possible at all times.
References
- U.S. Department of Labor: Family & Medical Leave
- Lorman Education Services: Terminating an Employee on Medical Leave: Timing Is Everything
- The HR Answer Book; Shawn Smith & Rebecca Mazin
