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I was in a motorcycle accident missed a lot of days due to…

Customer Question
I was in a...

I was in a motorcycle accident missed a lot of days due to my injuries asked to go part time they didn't let me them when I missed days that we're not related to my injury they were unscheduled I was rolled up per their policy and then terminate it if I didn't miss all the time due to my accident I feel I would still have a job They denied my unemployment due to my absenteeism and it was my fault

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

They denied my unemployment due to my absenteeism and it was my fault. In ohio

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just hand surgery on one hand and I'll be better now

Submitted: 7 months ago.Category: Employment Law
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Answered in 4 minutes by:
9/28/2017
Employment Lawyer: Roy Hadavi,
 replied 7 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,278
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
Ok thanks
Employment Lawyer: Roy Hadavi,
 replied 7 months ago

I am sorry to hear that you were in an accident and that your employment was subsequently terminated. I hope you recover completely.

Ohio is an at-will employment state. That means that either you or the employer can terminate the employment relationship at any time for any reason or no reason at all. The limitation is that employers cannot terminate an employee for an illegal reason, such as discrimination or retaliation for exercising an employee's legal right.

However, you may have a claim for violation of your rights under the Family Medical Leave Act (FMLA). FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. FMLA applies to Private-sector employers, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer. In order to be eligible you must:

  • Have worked for the employer for at least 12 months;

  • Have at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave; and

  • Work at a location where the employer has at least 50 employees within 75 miles.

If all of the above applies, then you may file a claim against your employer for violating your FMLA rights. Here are some helpful links for additional information on FMLA and on filing a complaint:

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 7 months ago
I used all of my fmla
Employment Lawyer: Roy Hadavi,
 replied 7 months ago

Prior to the accident you had used up all your FMLA leave?

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Customer reply replied 7 months ago
I used up all my fmla before I returned to work I was off 3 months had to go back because they sent letter stating my job can be replaced
Employment Lawyer: Roy Hadavi,
 replied 7 months ago

Thank you for that additional information.

How much longer did you take off?

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Customer reply replied 7 months ago
I went back to work so I wouldn't lose my job but I was leaving early almost everyday because I couldn't type all day hands and neck painful
Employment Lawyer: Roy Hadavi,
 replied 7 months ago

That is actually very helpful. Not for your condition, but for your termination.

If you had lingering injuries from the accident, you may have a claim under the American's with Disabilities Act (ADA). Here are some helpful links regarding the ADA:

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Employment Lawyer: Roy Hadavi,
 replied 7 months ago

Did you have any follow-up questions or need me to clarify anything?

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Customer reply replied 7 months ago
No thank you for all your help I'll look into the disability and thank you Read this had to post, So Kid Rock's concert is being boycotted over a piece of cloth (symbolism) BUT here in Detroit there's a heroin house on every block, women are being sex trafficked, kids coming up missing, (human trafficking) shootouts at gas stations, arsons, the homelessness epidemic, mother's losing their sons and daughters to drugs and gang violence, out here killing each other and raping our women.. But let's stand outside of a concert because "lives matter" I'm so over these fake activists.
Boycott the dope house, boycott the hotels they blatantly sex traffic daughter's out of, boycott the courthouse when a repeat offender rapist or pedophile is being released, feed a homeless person. Stop pretending to give a crap about the lives of others by standing outside a concert when our city is in this condition!! Forget what's inside of an arena open your dang eyes and look what's going on around it.*Copied* so much truth, had to share!!
Employment Lawyer: Roy Hadavi,
 replied 7 months ago

Thank you for sharing.

Please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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