Anonymous

Can You Get UnemployMent If Under Doctors Care? I Just Got Short Term Leave Approved For A Medical Issue And My Boss Called Me To And Stated She Needed To Speak With Me, I Went In And Was Fired. I Got Fired For Attendance But It Was Approved

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Nathaniel Hobby Profile
Nathaniel Hobby answered
The answer to your question would depend on:

  • the medical condition
  • the State you live in
  • your age and
  • the length of time/type of job you had.

Each State in America has slightly different laws on unemployment and the eligibility for unemployment benefits. If the medical reason you were fired from your last job was self inflicted, for example as a result of a sporting injury or accident at home, it may be that the unemployment office will see just grounds for dismissal in which case you may not be eligible for unemployment benefits.

If the medical condition is unavoidable such as a disease or an issue that requires an operation then you may be eligible. It is also worth noting that the unemployment office may also take the length of the medical condition into account as generally one is only allowed to claim unemployment benefits for a certain amount of time.

This can vary from state to state but it is usually a length of 26 weeks of basic unemployment with the possibility of a 33 week extension dependent on circumstances. Therefore if your medical condition will keep you off work for a period of years as opposed to weeks or months then it may be that unemployment benefit is not the best benefit for you.

The best piece of advice would be to locate the contact details for your local Department of Labor and ask the question to them. Their helpline should be more than helpful in answering your question; they will be able to give you specific details relating to your eligibility and how you can claim unemployment benefits. The Department of Labor contact details should be listed on your state's website, or alternatively you could call into your local state office.
Anonymous Profile
Anonymous answered
Were you fired after being approved for leave? They cannot legally fire you due to an injury as long as paperwork was already filed.  They have to keep a position for you to come back to.  I am not a lawyer but dealt with a similar issue while my husband was out on disability.  I would call for a free consultation with a lawyer if I were you.

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