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Ask Brandon, Esq. Your Own Question

Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1736
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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how can a person get unemployment benefits if he has been discharged

Resolved Question:

how can a person get unemployment benefits if he has been discharged from his job
Submitted: 8 months ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 8 months ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer makes a decision without legitimacy, especially when that decision is quite frankly wrong. To receive unemployment benefits you simply need to prove that you lost your job through no fault of your own. When a person is fired unemployment deems a person to have lost a job through no fault of their own unless that person is fired for misconduct. Misconduct is usually found when an employee intentionally does something against the interests of their employer.

Brandon, Esq. :

Welcome to the chat

Brandon, Esq. :

The easiest way to receive benefits is to get an employment attorney involved to help you with your appeal. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Brandon, Esq. :

If, however, you would rather deal with this yourself then you need to appeal the decision to deny you benefits and use any evidence you can to show that you were not fired for misconduct

Brandon, Esq. :

What was the reason they gave you as to why your benefits were denied?

Customer:

if this issue has already gone to the higher authority what are the chances of winning your unemployment benefits with an attorney already hired.

Brandon, Esq. :

So you have already had an appeal in front of an administrative law judge?

Customer:

yes

Brandon, Esq. :

It really all depends on the reason for termination. Prior to the appeal with the administrative law judge you can still bring in additional evidence. After that, you will usually end up having to rely on the evidence already presented.

Brandon, Esq. :

So it is completely dependent on why you were fired, and what evidence was presented at the appeal

Customer:

can an employer place an employee on fmla if employee was told he had no choice?

Brandon, Esq. :

An employer cannot put an employee on fmla leave, but an employer is allowed to tell an employee that they will be fired unless they fix some problem the employer feels the employee has.

Brandon, Esq. :

So they could give them 12 weeks in which their job would still exist

Brandon, Esq. :

Which would help alleviate a claim for discrimination or wrongful termination based on a disability.

Brandon, Esq. :

But it is the employee that has to request the leave

Customer:

so the employer forced fmla on employee is that not against the law

Brandon, Esq. :

What exactly happened? The employer just called up and said you are on leave now?

Brandon, Esq. :

Also were you a for cause employee? or an at will employee?

Customer:

no called into office to discuss being on fmla but the paperwork was already filled out and signed and ready to go to doctors. so basically paperwork was done without me knowing

Brandon, Esq. :

Did they sign your name?

Brandon, Esq. :

in the signature box?

Customer:

no just theirs but i was cohersed into signing

Customer:

hr manager grabbed my hand in a hostile act when i noticed paperwork had been back dated and signed by them

Customer:

they were just waiting for me to go in and sign.

Brandon, Esq. :

So there are a number of red flags here. In the case Knox v. the City of Monroe the court stated that an employer is allowed to request that an employee take FMLA leave during a period where an employee is engaging in excessive absences. That being said, an employer is not legally allowed to backdate the FMLA paperwork. They must grant you leave or fire you for your refusal to take leave.

Brandon, Esq. :

So 1) you would have had to be taking time off of work , and 2) the employer would have had to request that you use that time as FMLA leave time

Brandon, Esq. :

Does that make sense?

Customer:

but i never requested to be off

Brandon, Esq. :

So you went into work and the employer said you have to leave you are on FMLA leave now?

Brandon, Esq. :

What was the classification for your serious health condition?

Customer:

mental anguish

Customer:

depression anxiety migrain headaches

Brandon, Esq. :

I would highly consider filing a claim for discrimination based on a disability due to their actions. You can do this yourself by filing a claim with the EEOC here:

Brandon, Esq. :

or speaking with your attorney or getting a new employment attorney to help you with such a claim.

Customer:

thank u for all your advice and your time and patience .

Brandon, Esq. :

Not a problem. Have I fully answered your question today?

Customer:

i believe so i will look into this alot more thorough in that website u offered me.

Brandon, Esq. :

I am glad I could get you pointed in the right direction. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your morning.

Customer:

same to u. have a wonderful friday!

Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1736
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 5 other Employment Law Specialists are ready to help you

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