Employment Law Questions? Ask an Employment Lawyer.
Thank you for your question. Please permit me to respond to each question in order listed.One question is can they do this, do you have to be notified if terminated?An employer can make a decision to terminate you in confidence and the employer does have to inform you immediately. But until and if you are notified or otherwise placed on notice, their decision is not yet binding. You have to be told you are terminated for it to be a valid termination. I could have received unemployment possibly right?No, I am sorry. This is termination for overstaying your leave, which is technically abandonment of the employment and that would make it 'for-cause'. "For cause" termination does not entitle individuals for unemployment unless their employer agrees to not contest their petition. My next question I didn't think they could fire you while on medical leave and what happens if they can't find the paperwork does that mean you don't have a complaint? That is not quite true. A person cannot be fired on lease for the medical reason of being on leave, or for being on leave in the first place, but an employee can still be terminated. For example if while on leave their supervisor finds out tat the employee embezzled money, the employer can terminate for cause, specifically for embezzlement. If they cannot find the paperwork that actually makes it harder for you to prove you were on leave, as it then becomes your responsibility to find that information--then if you can find you can argue that the termination was wrongful.Hope that helps.
So if I have to be told I'm terminated for it to be valid, how can they use that termination date if I was never informed I was terminated.
unpaid after the first two weeks. Also, I have to prove I had an extention is that what you are saying. It seems pretty convenient for an employer to loose the paperwork if they aren't suppose to fire you while on medical leave. The reason on my termination form was estinguished leave of absence I know they can fire you for other reason but not for being out on leave which seems to be the case in this situation.
Thank you for your follow-up.Then I agree with you, if you have proof of this extension, then this potentially becomes 'wrongful termination' based on your impairment for which you were out on medical leave. I would suggest that you contact the EEOC in your locale and file a grievance. If they agree that this termination potentially violated the law, they will grant you a 'right to sue' letter that would permit you to retain counsel and sue for damages. It is unlikely they will agree to take you back (although it is possible), but you can potentially attempt to seek direct recourse for your losses.Good luck.
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