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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 54810
Experience:  Licensed attorney helping employers and employees.
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I have been employ with a company for 11 years, was on FLMA

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I have been employ with a company for 11 years, was on FLMA from January and March because of my mother having lung cancer. She stills has lung cancer, and requested that my company continue and re-certify my FLMA. Because I gave a 90 day resignation notice back on July 1, 2013 to end my employment on 9/27/13. They would not allow me to continue on FLMA to assist my mother and release today 9/6/13. I requested to withheld resignation to until my mother was well and work part time, it was rejected. Could I collect unemployment?

INFOLAWYER :

Hello,

INFOLAWYER :

As a general rule, if one is let go without cause, benefits may be paid. If one resigns, benefits would not be paid. Employer does not have to accept an attempt to withhold or take back a resignation. If resignation is necessitated by fmla consideration and one can get employer not to contest benefits, employee has a good chance in filing for benefits. One may also try to negotiate for a parting severance.

INFOLAWYER :

Please let me know if you are satisfied.

INFOLAWYER :

by writing back

INFOLAWYER :

and if you have a follow up, write me back with that too

INFOLAWYER :

awaiting your reply

Customer:

Yes, very satisfied so there is a chance I could receive unemployment benefits.

INFOLAWYER :

Yes

INFOLAWYER :

But best to try to get employer to cooperate

INFOLAWYER :

and not contest you

INFOLAWYER :

Have a nice evening

INFOLAWYER :

Kindly now click on an excellent rating for the answer.

INFOLAWYER :

I turned the rating on

Customer:

thank you

Infolawyer and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.


I sent email to my HR requesting them not to contest my request for unemployment compensation, however got no response back

You could follow up with a call if you wish. Good to know their position.