What do you do when you've been laid off on Workman's Comp?

nvalleyvee · Post by **nvalleyvee** » Mon Jun 15, 2009 8:57 pm

My hubby - yes you all know him - is not going to be taken back by the company that laid him off for workman's comp - they called it "Family Leave ACT". They laid him off - got rid of our health insurance and called Robert laid off... I think that if they don't hire him back at the company - he should be eligible for unemployment. Any opinions???

Accountable · Post by **Accountable** » Mon Jun 15, 2009 9:04 pm

That's jacked up. I don't know the legalities, but it sounds right.

Give BTS our best, eh?

nvalleyvee · Post by **nvalleyvee** » Mon Jun 15, 2009 10:27 pm

Yeppers I will

Odie · Post by **Odie** » Tue Jun 16, 2009 6:00 am

nvalleyvee;1203604 wrote: My hubby - yes you all know him - is not going to be taken back by the company that laid him off for workman's comp - they called it "Family Leave ACT". They laid him off - got rid of our health insurance and called Robert laid off... I think that if they don't hire him back at the company - he should be eligible for unemployment. Any opinions???

being laid off, yes, he should be entitled to unemployment insurance.

start the paperwork now, on-line, then submit his record of employment as soon as he receives it from his employer.

Here in Canada there is a two week waiting period.

hoppy · Post by **hoppy** » Tue Jun 16, 2009 6:15 am

Something similar happened to me. I had to have surgery. I notified my company and all as I was supposed to. After surgery I was unable to do my old job, which involved lots of lifting, climbing and walking. My company said they didn't have any sit down jobs. Lie # 1. They also said I would have to reapply for a job. Lie # 2.

I applied for unemployment. Company said I quit. Lie # 3. I had to prove I didn't quit. Company said I had a previous medical problem when they hired me. Lie # 4. I said I worked there 5 years with no complaints about my work. Even got a bonus raise for thinking up a faster delivery system for stock. I finally got unemployment. When it run out I was assigned a caseworker from DHS who got me on disability. One long struggle.

CARLA · Post by **CARLA** » Tue Jun 16, 2009 7:01 am

I'm confused Workers Comp is totally different than just being laid off.

I have had a few comp cases myself and have been off work with pay after hand surgery. You are covered with insurance by the comp carrier for the body part hurt. I was given the option to pay for my regular health insurance with my paid leave time till I returned to work. There is a law I thought you may want to check into it. You are protected under the Workers Comp act so contact your comp carrier.

nvalleyvee · Post by **nvalleyvee** » Thu Jun 18, 2009 10:11 pm

Hubby was put on family leave act last July 14, 2009...like he had family to care take.

So then he got laid off November 31, 2009. ALL OF OUR INSURANCE WAS CANCELED.

So I think that when he goes back to work - and the company doesn't have a position......He should get unemployment!!!!

Help!!!

Post by **Sunshine** » Thu Jun 18, 2009 10:25 pm

This sort of case has been tried before N. It was declined due to the fact that the the company reorganized and the persons job was eliminated.

In the 2 1/2 years from December 2000 through July 2003, in fact, he requested and got five separate FMLA leaves totaling a surprising 57 weeks of absence. But during his final leave, his job and a number of others were consolidated into fewer positions. Yashenko was invited to apply for one of those new jobs, but he declined for health reasons. Then he sued Harrah's, claiming an absolute right to his old job when he returned from leave. A judge in federal district court dismissed his charge, and he appealed to the 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia.

What the court said. Appellate judges agreed with Yashenko that the language of the FMLA law is ambiguous regarding limits on an employer's duty to restore an employee to the former or equivalent job. But, they said, following an interpretive regulation from the Department of Labor, circuit courts that have considered the issue have all ruled that an employee on FMLA leave can be discharged if he or she would have been fired or laid off anyway.

I would try and get it though. Can't hurt to try. Can he reapply for a different position in the same company?

flopstock · Post by **flopstock** » Thu Jun 18, 2009 11:00 pm

FMLA covers you, your spouse or your child for up to 12 weeks every year. Companies have the option of running out all of your paid leave and then finishing up with unpaid time off.

They also have the option of running it concurrently with a workers comp leave. If he was out on workers comp injury I would find a workers comp attorney, if I were you.

If he was out for a personal medical reason and did not return to work at the end of his 12 week fmla time, the company is not under any obligation to hold his job for him any longer. That was the whole point of the act... get up to 12 weeks off and be guaranteed your job or a lateral position.

After that, if you don't show up for work, you have effectively quit. You should have been offered cobra once he started using up any unpaid time though.

nok · Post by **nok** » Fri Jun 19, 2009 5:32 am

Sorry to hear about your husband being laid off. Yes, he should apply for unemployment.

CARLA · Post by **CARLA** » Fri Jun 19, 2009 7:06 am

To add it what Floppy stated being out on "Medical Leave" or disability is very different than having an on the job injury "Workers Comp Case". I strongly suggest you get legal advice. The only reason you wouldn't be granted unemployment would be if you were fired and those reasons are very specific like, wilful misconduct , being absent without notice and good cause more than 3 times in 18 months;lying on a job application; larceny (stealing); failing a drug or alcohol test that was required by the state or federal government, participating in an illegal strike; serving a prison sentence of more than 30 days; or committing a felony.

Don't guess get advice your protected either way by certain laws look into it don't wait.

[QUOTE]MLA covers you, your spouse or your child for up to 12 weeks every year. Companies have the option of running out all of your paid leave and then finishing up with unpaid time off.

They also have the option of running it concurrently with a workers comp leave. If he was out on workers comp injury I would find a workers comp attorney, if I were you.

If he was out for a personal medical reason and did not return to work at the end of his 12 week fmla time, the company is not under any obligation to hold his job for him any longer. That was the whole point of the act... get up to 12 weeks off and be guaranteed your job or a lateral position.

After that, if you don't show up for work, you have effectively quit. You should have been offered cobra once he started using up any unpaid time though.[/QUOTE]

Nomad · Post by **Nomad** » Fri Jun 19, 2009 7:00 pm

If you want to cut through the red tape contact your congressman/womans office and explain your predicament to their staff.

Its not a big deal, just a phone call but they know how to get to the bottom of things and they have resources beyond your personal experience.

They will respond. Id bet flopstocks life on it.