"Good Cause" for unemployment under Oregon Clause? (employees, credit card, collect)

[livnletfly]

Hi ,
I am new new this Forum site but am trying to find out if my situation qualifies for "Good Clause" for Unemployment Benefits if i quit my job?
This long but let me provide some of the background..

I've had an FMLA for almost a year for intermittent leave due to Ischemic and Ulcerative Colitis., honestly I can state that I've never once fudged or lied and called in under the FMLA days so I could go to the beach or something. EVERY time i have called in has been legitimate.
So I have a weekly established schedule to pick up my Granddaughter each week, certain days.
My parents house (they watch her), is in the area and when i come back through the area (also driving by my office), it is part of our routine to stop at this pet store., we drive right by it . SO regardless of how I feel,
i still have to pick her up, so did just that but an hour earlier than normal, BECAUSE guess what , i could!
On this particular day. i had called in sick under FMLA for a second day of my 3 allowed per week, (if needed).
The second day in my voice mail I stated that if felt better would come in the afternoon..
All day though i had bathroom issues and determined i would spend more time in the bathroom than at my desk so not worth it financially for them or me. This judgement was made in part because Previously I had been informed by my lead person several times that due to the production requirements i am always better off if i just stay home the entire day, regardless.
anyway, i was gone for two days, the next day i come to work on time as normal though still feeling very much unwell., began to work.
My supervisor came in an hour later , and her desk is right next to mine across a small little aisle way.
her normal friendly demeanor was gone and she was being very curt with me.
about 30 min. after she got there she sent me an addition to my schedule for a meeting within the next hour.,the meeting subject was "Discussion", since based on her demeanor and just before that someone in the office informed me that they had "just fired someone on my team",
I sent her an email asking is this for my review or what it is it about ?
No response.
Therefore, JUST based on her demeanor prior to this meeting i felt as though was in trouble for something though could not fathom what?
I go to the meeting room and she says she was "Shocked, Frankly just shocked and it has come to her attention that I was seen with my granddaughter the afternoon I called in for FMLA"., "You were seen by myself, several other supervisors and the director", then my supervisor stated then "One of them asked me didn't she call in for FMLA?" which she followed with, " and another said, "Well she doesnt even live in the area!!",
Then she sort of muttered something about what another one may have said but i didnt hear it because at this point I felt faint and ill.
First of all, i am sick of this place and they are VERY high stress with all of their office politics..throughout our meeting she made a point to say several times that "You are not in trouble , this is between you and me and i dont want you making a big deal about it in your head", I told her If I was cheating on FMLA i would have picked her up earlier and done something fun since she happened to be on spring break all week.. and guess what? I am "In the area" a hundred times a week., the office is in my old neighborhood that i grew up in, my parents live a mile a way and the building is right on the main drag for connecting streets i use to get from parents to my home or the stores in the area. I also stated that there is no way I would be able to guarantee I wouldnt be seen again , that just because i have FMLA does not mean im paralyzed or should be judged by anyone who sees me on the street corner. I wasnt dancing down the street? My supervisor responded with " Ya but you did look like you were enjoying yourself and fine."
REALLY, are you kidding me? i said well so you have know way of knowing that i sat in their bathroom for 20 minutes and in one of their chairs to relax for another 15 because i felt so weak? So when i am with my grandchild should i buck up so as not to worry or be dramatic and make my illness well known so there is concern?
anyway, i want to quit, but does anyone know if basically accusing me of FMLA fraud is good cause?

though i have nothing in writting..other than a print our of my calendar showing our "Discussion" was scheduled.
Thank you,

[kapikap]

You should write her an email, re capping the conversation, and letting her know that you are shocked that she is even talking to you about it.

Cya! IF they try to fire you for FMLA, or some other lame excuse, the finger will only point to retaliation and harrasement.

So notify amd CYA.

[jnojr]

You're never at a job you say you hate. Meanwhile, they still need to do whatever it is they do.

The right thing to do here would be to quit, let them go about their business, and you go about yours. Then go look for a job that isn't "VERY high stress" where you need to be gone or in the bathroom all the time.

[Rabrrita]

Your question is would the circumstances, as you tell it, support a "Just Cause" quit under OR unemployment regulations? Since Just Cause in the eyes of a claimant is often no where close to the legal definition and/or adjudicated case laws for Just Cause Quits, I would say that this is not an easy situation to answer to your liking.

Lets examine two of the most critical issues.

First, you must remember in any quit, the burden of proving all aspects of Just Cause falls on you. Your employer only has to show you resigned or abandon the job and they made their case. You will need to show company polices, procedures, everything to support your case. You can't just say it, you will need to prove it.

Second, so long as you were engaged in activities of a health and medical nature, you are protected under FMLA. The problem comes in when the activities are inconsistent with medical leave. Example in Colburn v. Parker Hannifin, the federal court upheld the termination when the person was spotted shopping while on FMLA and it was not connected to any medical activity such as going to or from a doctors appointment. This was further supported in Jennings v. Mid-America Energy where the court found that the stopping to shop directly to or from a FMLA health/medical activity is not a violation. Basically, unless that activity directly or incidental to your health needs, you can't just go shopping with the kid while on FMLA.

So, you have to ask, what evidence and verifiable proof do you have to support your Just Cause argument that meets the legal requirements under your state's unemployment regulations?

Now, lets look at it from the way I would go.

Continue doing your job and if they fire you over this, you have turned the advantage from your employer to you. They will need to prove that your termination meets the legal definition of your state's unemployment regulations for misconduct. They can't allege it, they have to prove it. You are not even required to say a single word when you are terminated.

I can not tell you how many smart intelligent employees got unemployment when fired (Many for legitimate reasons) because they just kept their trap shut. Sadly, the unemployment sub forum is littered with ignorant people who are denied benefits because of their big fat mouths.

[CarrieMont]

Hello,
I am wondering if I can collect unemployment. I work at the V.A. and am going to use FMLA to protect my job, I do not have disability insurance and I will be having a hysterectomy in November, my doctor is recommending I take 6 weeks off work, for me that is not finically possible.

[rocky1975]

Originally Posted by CarrieMont

Hello,
I am wondering if I can collect unemployment. I work at the V.A. and am going to use FMLA to protect my job, I do not have disability insurance and I will be having a hysterectomy in November, my doctor is recommending I take 6 weeks off work, for me that is not finically possible.

You would be better off starting your own thread, instead of hijacking this one.

[ihatetodust]

CarrieMont - No, to collect unemployment you need to be looking for work and available to do it. If not financially possible, you need to put off the surgery, return sooner than 6 weeks, live off credit cards, borrow from family, whatever.