Commission Appeals Level - Fired Teacher on FMLA (payment, qualify, record)

[matherse]

I'll try to make my long story short, but I need advice!

I am a teacher in Texas that was off on FMLA for maternity leave and medical issues relating to pregnancy. While on leave, my teaching license expired, but I was unable to travel to Fort Worth and take the 4-6 hour test to have it extended. I was literally fainting every morning, having day-long dizzy spells, and so exhausted I could not stay awake past 11 am - all due to pregnancy induced medical problems. I have notes from my doctor asking for light duty, and approved FMLA paperwork that I sent to my HR department.

During the entire leave, I was receiving 10% of my normal salary to cover insurance and retirement.

After being on medical leave for weeks, I call my principal to inquire about my job. I was told by HR that the principal was not required to keep my position open if I stayed out longer than 12 weeks. She would not return my calls or e-mails. I finally reach HR, and they tell me that my license is no longer active and I am not allowed to return. Since I just had a baby and I was so sick, I had forgotten about this. I tell my employer that I will call them back to discuss this because I am so upset.

I call the Texas Education Agency (TEA), and they tell me how to easily re-instate my license, and say it will take about 3 days. All I needed was a signature from HR. I immediately call back my HR and tell them what the TEA said. I am told by HR, "NO, SORRY YOUR EMPLOYMENT WITH ****ISD IS OVER."

While I agree that my license had lapsed, I did not teach during this time. I was out on medical leave, unable to even drive to the exam to extend my license. I was able to be fully licensed again before I would return from medical leave, and also before I began teaching again.

I got annoyed, didn't know what to do, and then applied for unemployment benefits. I am approved, paid my first week, and think everything is okay. Suddenly, I get a call from UE. They say that my employer appealed the decision and I now owe the payment amount to UE.

While I was first eligible because the separation from employment was due from no fault of my own, now I am "ineligible because my employer fired me". According to my employer, I have voluntarily resigned by not renewing my license (hmm... a contradiction that no one cares about).

Of course, I appeal that decision. I wait and wait & finally a tribunal is scheduled with a hearing officer. The hearing officer keeps asking the employer why I was still paid and why I was allowed to return to work for 2 days in January despite my being "unlicensed" according to their definitions. Yet, my appeal is still denied.

I filed another appeal, and now I am at the "active commission appeals" level. I am very worried, because it has been at this level for 31 days so far & I've read on this forum that Texas hates the unemployed and never rules in their favor. Regardless, I e-mailed my state rep last night, CCed the head of the Texas Workforce, and the governor.

Do I need a lawyer? Should I continue to fight this for unemployment, or move on to a possible discrimination case? There is more to my story if so, including the way my employer treated me when she heard I was pregnant, and her refusal to adhere to my doctor's request for light duty.

I just really need help here! Any advice would be greatly appreciated. Thank you.

[Chyvan]

Originally Posted by matherse

According to my employer, I have voluntarily resigned by not renewing my license (hmm... a contradiction that no one cares about).

You're mistaken. The UI people very much care about this. If you are a doctor that loses your medical license, you have not been "fired." You quit because you didn't keep your license. You are no longer allowed to do that job, and it's presumed that it's an act that you voluntarily made.

Originally Posted by matherse

Of course, I appeal that decision. I wait and wait & finally a tribunal is scheduled with a hearing officer. The hearing officer keeps asking the employer why I was still paid and why I was allowed to return to work for 2 days in January despite my being "unlicensed" according to their definitions. Yet, my appeal is still denied.

This is the point where you needed an attorney if you thought you needed one. This is the MOST important step in the whole process, and you should have come here then because we'd have been in a much better position to help. At this point, the record and evidence have been established.

If there was substantial and credible evidence that you lost your license and then your job was terminated, the decision will remain the same at the next level.

Originally Posted by matherse

I filed another appeal, and now I am at the "active commission appeals" level. I am very worried, because it has been at this level for 31 days so far & I've read on this forum that Texas hates the unemployed and never rules in their favor. Regardless, I e-mailed my state rep last night, CCed the head of the Texas Workforce, and the governor.

You should be worried. The statistics are that only 30% of appeals to this level succeed, and I doubt that TX has even that high of a percentage.

Originally Posted by matherse

Do I need a lawyer? Should I continue to fight this for unemployment, or move on to a possible discrimination case? There is more to my story if so, including the way my employer treated me when she heard I was pregnant, and her refusal to adhere to my doctor's request for light duty.

A lawyer might help, but they can't perform magic. Your ignorance of the system in the early phase stacked the deck very much against you. Chances are, it's too late because I think you already submitted your appeal. The time to get help is BEFORE you start to open your mouth, not after you've already done something.

You were at the hearing. Do you have the transcript? Will you type in all the words from your decision? When you want to go to the board of review, you are picking apart the decision.

If there is the remotest chance that you were "fired because you were too sick to work," that would be a nondisqualifying discharge.

Qutting because you lost your license is NOT a good cause quit. Because they came so close together in time, it's really a tough call.

Then you have the side argument that you were too sick to get your license renewed. It's an interesting case, but I'm just concerned that you're too far into the process and said the wrong things that you won't be able to undo the damage.