How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5043
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I have been off work for a personal medical issue and have

Customer Question

I have been off work for a personal medical issue and have used all FMLA time. I sent a doctor's note extending my medical disability for another 30 days. My employer responded by email with this response:

"As you are aware, your FMLA ended Friday, June 28, 2013. In addition, you have exhausted all of your leave accruals as of June 7, 2013. Therefore, unfortunately, we will be unable to continue to hold open your current position of Employee Benefits and Safety Specialist as this position has been without your service since April 17, 2013.
We want to do what is in your best interest, Pat, so please advise if you wish to resign or if you wish for CDR to terminate your employment relationship due to inability to return after the exhaustion of your FMLA leave."

What are the consequences of the choices my employer has given me?

1. Resign - I don't qualify for future unemployment benefits once I am able to work again?

2. Termination - Inability to return to work after exhausting FMLA leave. Is this considered a voluntary quit or being fired?

3. Not responding to employer's email - Would this be considered job abandonment?

Thank you
Submitted: 1 year ago.
Category: California Employment Law
Expert:  TexasAtty replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

I'm sorry, I just realized this was a CA employment law question so I will have to opt out and recategorize it. No need to reply to this, someone should be with you in a little while.

Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

Since your question was a California Employment Law question it was just transferred to this category. I am a California Employment Law expert and will be happy to assist you further.

My goal is to provide you with excellent service today, so please let me know if you have any follow up questions.

1. Resignation

Since your resignation is 'forced,' in that your employer will be terminating the employment relationship whether you resign or not. It would not affect your ability to receive unemployment benefits as it would be considered the same as if your employer has terminated you.

Since you would still be considered to have been terminated through no fault of your own, you would be entitled to unemployment benefits. If you are at all concerned, you could get your employer to sign a statement that this resignation is in lieu of termination and that your employer is actually the one terminating you without cause.

That way you can say you resigned the position and not miss out on future unemployment benefits if/when you are able to work again.

2. Termination

Termination is considered being terminated not a voluntary quit. In your situation you are definitely not voluntarily not returning to work. You are unable to return to work due to your medical issues.

I am not sure of the nature of the personal medical issues you are having, but it is possible that you would qualify as being disabled under the ADA and Fair Employment and Housing Act. That would mean that your employer would be obligated to provide you with a reasonable accommodation, as long as doing so would not impose an undue burden on your employer.

3. Not Responding

Your employer has already terminated you by this email, even though they are giving you the 'option' of resigning. It wouldn't be considered job abandonment if you don't respond since your employer has already stated that your employment is being terminated since you are not returning from FMLA leave, so there is no job for you to abandon.


Again, since my goal is to provide you with the best service today, please don't hesitate to ask any follow up questions.

If you don't have any, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!



Joseph, Lawyer
Satisfied Customers: 5043
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.

Hello,

 

I'm not sure if I made this clear, but I would suggest that you 'resign,' since you would then be able to tell future potential employers that you resigned, while ensuring that you will be eligible for unemployment benefits when you are able to return to work.

 

If you don't have any further questions or need any additional information, please remember to rate my answer positively so I get credit for my work.

 

If you don't rate my answer, the website recoups your entire deposit and I get nothing for assisting you. Trust me when I tell you I need the money WAY more than they do, so I would greatly appreciate if you accept my answer!

 

Thanks and best of luck!

 

.

 

Expert:  Joseph replied 1 year ago.
Hello,

Thank you for your positive rating of my service and the generous bonus!

Please contact me on JustAnswer should you have any further legal issues.

You can contact me by placing ‘To Joseph’ at the beginning of your question and/or requesting me directly in the California Employment Law category.

When you receive your Customer Satisfaction Survey from JustAnswer, please rate me highly (9-10)! High customer satisfaction scores ensure that I will continue to provide you and other customers with excellent service and they are greatly appreciated!

Thanks again and best of luck!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    857
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3511
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.