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IL point system and unemployment...

On Lawyer & Legal » Employment & Labor Law

7,392 words with 21 Comments; publish: Thu, 01 Sep 2005 11:39:00 GMT; (80093.75, « »)

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  • 21 Comments
    • Your company's internal policies have no affect whatsoever on whether you are or are not eligible for unemployment. If your employment is terminated for a reason that allows you to collect UI benefits, you will get them, regardless of what the company's policy was. If you were termed for a reason that disqualifies you for benefits, you will not get them, with the same qualifier.
      #1; Thu, 01 Sep 2005 11:53:00 GMT
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      #2; Fri, 02 Sep 2005 08:53:00 GMT
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      #3; Fri, 02 Sep 2005 12:01:00 GMT
    • I had a reason for those questions, which might provide you with some recourse. But I need the answers to ALL of them if I'm going to help.
      #4; Fri, 02 Sep 2005 06:42:00 GMT
    • All right, fine. I'm not going to argue the point with you any longer.

      Since it appears clear that your employer may have several legitimate reasons to fire you regardless of what medical leave you may or may not take, my best suggestion to you would be to clean up your act. If you didn't have performance issues, you wouldn't have to be worried about losing your job due to them. You might do better to stop worrying about losing your job due to absences, and start putting that energy into improving your performance.

      #5; Fri, 02 Sep 2005 16:47:00 GMT
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      #6; Thu, 01 Sep 2005 12:53:00 GMT
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      #7; Sun, 04 Sep 2005 11:03:00 GMT
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      #8; Fri, 02 Sep 2005 15:13:00 GMT
    • Only a UI adjudicator from your state will be able to answer the question.

      You can try calling them, but I can pretty much promise you that they WON'T give you a definite answer as a hypothetical; they will tell you that you will have to file a claim to which they will investigate the specifics and only then will they be able to tell you if you will or will not qualify.

      I am not familiar enough with the IL regs to give you any kind of informed opinion, but in my state (which is roughly analogous to IL with regards to employment laws) I have had employees both accepted and declined for benefits on the basis of excessive absences. The key seems to be whether or not you know that your job is in jeopardy. At least in my state, if your employer has given you notice that you are risking your job by additional absences, and you miss work again and are fired, you will likely NOT receive UI. Whereas if your employer has never mentioned that you are in jeopardy of losing your job, then if you are fired for excessive absences you likely will be granted benefits.

      #9; Thu, 01 Sep 2005 12:30:00 GMT
    • If you are looking for someone to say to you, yes, if you are fired because of too many medical absences you will definitely get unemployment, or no, you will definitely not qualify, I'm sorry but no one here can do that.

      How long have you worked for this employer? Full time or part time? How many employees does the employer have? How much time have you missed for this medical condition in the last 12 months?

      #10; Thu, 01 Sep 2005 12:59:00 GMT
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      #11; Thu, 01 Sep 2005 14:47:00 GMT
    • If there are performance issues, they can legitimately let you go for them whether you apply for FMLA or not.
      #12; Fri, 02 Sep 2005 15:28:00 GMT
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      #13; Sat, 03 Sep 2005 00:33:00 GMT
    • I really didn't see that there was anything more to say. If you are determined to believe that your applying for FMLA is going to jeopardize your job, nothing I can say is going to make a difference.

      I'm not mad at you but it gets frustrating when you try to answer people's questions and they refuse to accept what you tell them.

      #14; Sun, 04 Sep 2005 10:35:00 GMT
    • Your company's internal policies have no affect whatsoever on whether you are or are not eligible for unemployment. If your employment is terminated for a reason that allows you to collect UI benefits, you will get them, regardless of what the company's policy was. If you were termed for a reason that disqualifies you for benefits, you will not get them, with the same qualifier.

      How would I find out if I would be allowed to collect the unemployment priviledges for this certain reason?

      Thanks!

      #15; Thu, 01 Sep 2005 12:13:00 GMT
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      #16; Sun, 04 Sep 2005 09:33:00 GMT
    • To apply for FMLA, you contact your HR department and ask them for the appropriate paperwork. You will need to submit it to your doctor; you have 15 days to return it. If you do not return it within 15 days, FMLA can legally be denied. However IF you have a condition that qualifies under the statute and your doctor will certify that, as long as you return the paperwork within the statutory time they must grant the FMLA.

      They cannot terminate you BECAUSE you applied for or took FMLA leave. However, if (as examples) your entire department is laid off in a reorg, you are not exempted because you are on FMLA. If you are caught with your hand in the cash drawer, the fact that you are on FMLA does not protect you from being fired for theft. If you are required to produce 30 widgets a day and you only produce 15, being on FMLA does not prevent them from firing you for poor performance. If the company has a policy that says you can't smoke on the premises and you smoke on the premises, the fact that you are on FMLA does not protect you from being fired for violating company policy.

      Being on FMLA protects you from being fired because you are on FMLA. It does not protect you from being fired for reasons that are unconnected with FMLA.

      #17; Fri, 02 Sep 2005 11:16:00 GMT
    • Under the law, being on FMLA CANNOT legally jeopardize your job security. If your employer were to fire you BECAUSE you applied for FMLA or BECAUSE you took leave which is protected under FMLA, you would be able to take legal recourse against them. However, at least initially, it would be up to you to show that you were fired BECAUSE OF the FMLA and not because of poor performance, corporate financial difficulties or other non-discriminatory reasons.
      #18; Fri, 02 Sep 2005 12:37:00 GMT
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      #19; Fri, 02 Sep 2005 15:44:00 GMT
    • From what you say, you *may* qualify for FMLA.

      An employee who qualifies for FMLA is entitled to up to 12 weeks of unpaid medical leave with their job protected. It does not have to be taken all at once but can be taken intermittantly. An employee cannot be fired BECAUSE they applied for or took FMLA leave; however, being on FMLA does NOT protect you from being fired at all.

      To qualify for FMLA, you need to make your employer aware of the need for medical leave AND have your doctor certify that you have a "serious health condition" that qualifies under the statute. From what you say this may or may not be the case. I can't diagnois from here whether or not your condition would qualify or not.

      IF you qualify for FMLA, they cannot hold against you any absences that are FOR THAT CONDITION. They can still hold against you any absences or tardies that are unrelated to your condition. They are not required to - in fact, they are not legally permitted to - go back and apply FMLA to absences that have already occurred.

      Even on FMLA, you can still be fired for any reason that is unrelated to your medical leave; if your department is downsized and the company can show that your job would be one of the ones eliminated regardless of your leave or not, being on FMLA does not protect you. If your work is unsatisfactory, being on FMLA does not protect you. If you violate a company policy, being on FMLA does not protect you.

      You are still responsible for following any company call-in procedures.

      When you have missed a total of 12 weeks of leave for any FMLA-qualifying condition in a 12 month period, you can legally be fired regardless of how legitimate the need for any additional leave. Under no circumstances is the employer required by law to provide you with more than 12 weeks of FMLA.

      Let me know if you have any questions.

      #20; Fri, 02 Sep 2005 09:19:00 GMT
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      #21; Fri, 02 Sep 2005 10:58:00 GMT