[yellowsnow]

I tried to send you a DM but I can't.

Sorry to take advantage of your vast knowledge of all things employment in Nevada but I have a serious need to know.

My H was found dead in Texas and someone from the coroner's office came to my house this evening to notify me. He has no one left and I have to fly to Texas to take care of things and decide what to so with his belongings, burial, etc. The statement from the coroner's office is all I have that proves he is dead. It is in writing.

I have a temporary seasonal position with at a call center. I was expecting to be laid off any day now....but I have been working for them for more than 2 years and I should have some unemployment coming to me that I don't want to jeopardize. These people are real bears about attendance and it's easy to get fired for attendance.

I'm OK for tonight. They voluntarily gave me time off without pay. I left work when I got the call saying he had passed away. Starting tomorrow is the problem.

What should I do? Should I ask them to just lay me off now? Let them fire me for not being there? Can they fire you if your husband dies and you have no choice but to take care of things? What can I do to protect my unemployment?

Just so you know, I am not one to take advantage. I have never collected a nickel of unemployment in my life but I actually NEED the unemployment I would receive after the layoff. I'm sure it will take some time to get a new job.

Any advice would be appreciated!

Thank you very much!

Yellowsnow

[Buzz123]

First of all, I very sorry for your loss. Of course you have to go. What else could you do?

As far as UI, that's a tough one, but I just can't imagine the employer expecting you to be at work tomorrow, or for the next several days for that matter. If I were you I would request more time off without pay if you don't have any sick leave or vacation time coming. But if you don't have, I think in cases like this they have to give you family leave if you request it, and they have to provide you with the means to request it ...forms, etc. But not if you are divorced.

If you were divorced you would not have any legal grounds, but you'd think the employer would be morally obligated to at least let you have a few days to take care of things.

I honestly don't know how ESD would adjudicate it if the company clams you abandoned the job if you are still married. I think in that case the circumstances are so unusual they wouldn't fault you if you got fired. But if you aren't still married I'm sure they will deny your claim. But you haven't lost the job yet, so you should ask them for more time off, and try to talk to someone as high up as possible.

What would they do if you called in sick? It's very important that you keep in touch with your employer everyday while you are gone. No Call/No Show is grounds for termination, and denial of unemployment. Under no circumstances should you voluntarily leave the job. If they want to fire you, let them. But do everything you can to keep the job right up until they lay you off or fire you. Do not ask to be laid off as that is the same as quitting, and it would be used against you. Make sure they know that you plan to be back to work as soon as you take care of the funeral, etc.

And let the members here on the forum know if we can do anything for you. Again, you have my deepest sympathies.

[Buzz123]

For everyone, filing claims for unemployment insurance benefits is not a case of "taking advantage". It is NOT WELFARE. It is INSURANCE. Just as you look for jobs with medical insurance benefits, this is also a type of insurance benefit paid for entirely by your employer(s). It is an earned benefit that you hope you never collect, like hospital insurance. It is only intended to be a stipend to help with the cost of finding a new job, not something to live on, and it is provided by employers in every state for people who have worked and earned wages, but suddenly find themselves out of work through NO FAULT OF THEIR OWN.

Although losing one's job is a traumatic loss usually, and it always seems to make people feel ashamed when it's not even their fault, it is not asking anyone for anything to accept your already paid for unemployment insurance benefits. It is really no different than going to the doctor and asking him to send the bill to Blue Cross/Blue Shield, or denting a fender and having Allstate pay for the repair. There are eligibility requirements, like you gotta be looking for another job, and you can't turn down any reasonable offers, and you must be ready and able to go right to work.

But I repeat, it is not like welfare that is paid for by other tax payers like yourself to the benefit of those who don't pay taxes because they don't earn anything.

[yellowsnow]

Thank you! Thank you! Thank you!

And just in case I forget to say it again, thank you!

He is my for real husband. We are not divorced. Or even legally separated. We have been discussing divorce sometime in the future. He just visited here in November to ask me to reconsider and get back together. His death was quite sudden. The last time he was seen alive was about 15 minutes after midnight, 2012. He was only 61 years old. I will always miss him and whatever else was wrong between us, we were the best of friends till the end.

I just got off the phone with a friend who is an attorney in Cali and she said to give them the proof that he died, the paper from the coroner's office, and to ask for FMLA. That's more or less what you advised too.

I must admit I'm not sure that will fly but I will keep records. I am very afraid they will fire me but I have no choice but to believe I am in the right here. I wonder if a seasonal temp can ask for FMLA? I guess I will find out.

There honestly is no one else who can do all this and I am legally his next of kin.

He has an apartment full of stuff to be gone through then there are legal issues to resolve. I have to then drive his car here from Texas. I think it is likely I will be gone for more than a week.

Will they fire me? I think so. From October till Jan, I was allowed to have one 'point' on my records. That meant I could be no more than 3 minutes late, twice. On my third offense, I would be fired. Period. I was perfect until this happened. I had no points at all. I was so scared of being late, I was usually a half hour early.

We'll see what happens tomorrow.

[observer53]

My sincere condolences on your loss.

FMLA, as such, does not apply here. That does not mean that you can't, or shouldn't, ask for "time off" in this situation. Buzz123 has given you very good advice about keeping contact with the employer, etc.; do keep us posted on what is going on.

[bledsoe3]

Sorry about your loss Yellow. Ask if your company has a bereavement policy. Ours allows three days off paid. Hopefully yours allows for some time even if it is not paid.

[skisickie]

I am so sorry for your loss. My sister works in HR and she said that you canot use FMLA.
A death in the family is not automatic grounds for FMLA coverage. An employee must notify his or her employer that they need leave for an FMLA-covered condition. An employee's request for bereavement leave to make funeral arrangements and wrap up the affairs of his deceased brother failed to put the employer on notice that the employee was requesting FMLA leave. To be covered by the FMLA, the employee needed to tie his request for bereavement leave to address his own serious health condition (e.g., depression), or the needs of a spouse, parent, son, or daughter.

So sad that you have to go through this. If you are driving to TX and need a place to stay in UT you let me know. You might have to deal with sleeping on a couch but it could help?
Did he have life insurance I hope, my sis was seperated from her husband when he passed but still collected.

[trisha0608]

I'm very sorry for your loss. I really hope your employer does the right thing.

[yellowsnow]

I'm on my way to work in a few minutes with the papers the coroner's office gave me. That should be sufficient to prove his death, I think.

I will just face the music and deal with the problems later. I think they will fire me but I will fight for unemployment.

They did let me keep my seniority and my check stub does show I have been there for more than 2 years. I'm hoping that will give me a leg to stand on.

Then I have to go to Kinkos and fax all the paperwork to the funeral home in Texas so they can pick up his body.

Thanks for all the kind words and good thoughts!

[Isitmeorarethingsnuts?]

I am so very sorry for your loss. What a terrible shock. And I understand about absent spouses being best friends. I pray that all goes well for you.