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Old 03-14-2011, 04:43 PM
 
1 posts, read 2,743 times
Reputation: 10

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My employer made me quit due to a temporary disability back in April of 2010; actually they would not extend my time off after my FMLA ran out. I never heard from them again until I applied for unemployment and got awarded in December 2010. The employer appealed my unemployment award. At the appeal the employer asked the judge if they were to offer me back my job and I did not take it, would I be disqualified. The judge answered yes. I then received a certified letter in the mail from my former employer with a job offer, knowing full well I would refuse after the way they treated me when I was temporarily disabled. Are good reasons considered when someone refuses a job?
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Old 03-14-2011, 06:23 PM
 
4,537 posts, read 10,601,228 times
Reputation: 4073
Quote:
Originally Posted by dmaikui View Post
My employer made me quit due to a temporary disability back in April of 2010; actually they would not extend my time off after my FMLA ran out. I never heard from them again until I applied for unemployment and got awarded in December 2010. The employer appealed my unemployment award. At the appeal the employer asked the judge if they were to offer me back my job and I did not take it, would I be disqualified. The judge answered yes. I then received a certified letter in the mail from my former employer with a job offer, knowing full well I would refuse after the way they treated me when I was temporarily disabled. Are good reasons considered when someone refuses a job?
I'd contact a labor or WC attorney.

Take the job.

Document EVERYTHING. Keep a diary, and save any documents.

If they do ANYTHING to you, you'd have one helluva lawsuit I think.
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Old 03-14-2011, 06:30 PM
 
2,093 posts, read 4,682,538 times
Reputation: 1121
Quote:
Originally Posted by dmaikui View Post
My employer made me quit due to a temporary disability back in April of 2010; actually they would not extend my time off after my FMLA ran out. I never heard from them again until I applied for unemployment and got awarded in December 2010. The employer appealed my unemployment award. At the appeal the employer asked the judge if they were to offer me back my job and I did not take it, would I be disqualified. The judge answered yes. I then received a certified letter in the mail from my former employer with a job offer, knowing full well I would refuse after the way they treated me when I was temporarily disabled. Are good reasons considered when someone refuses a job?
Depends on the case. Did the employer violate any labor laws that might prevent you from taking the job again? The appeal hearing process with EDD isn't a courtroom. They just make the ruling on whether or not you are qualified in receiving the employment insurance.

It sounds like what you have against the employer stems from something personal. If that's the case, it's not worth it -- just take the job back and move on from there.

Of course, there always two sides to every story but try to see the bigger picture here.
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Old 03-14-2011, 08:53 PM
 
5,113 posts, read 5,954,421 times
Reputation: 1748
Seem's like we are not getting the full story
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Old 03-15-2011, 01:46 PM
 
Location: L.A., CA
89 posts, read 214,620 times
Reputation: 82
Contact your state Assembly rep's office. Most of them have someone on staff who deals with EDD issues. That person may not be able to give you official answers, but they should be able to help you find them.
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Old 03-15-2011, 03:44 PM
 
Location: Bella Vista, Ark
77,772 posts, read 104,367,914 times
Reputation: 49248
Quote:
Originally Posted by Don9 View Post
Seem's like we are not getting the full story
My thoughts, Op says they refused to extend his leave after FMLA ran out, I don't think they are under any obligation to extend it. If he/she can't do the job, yes, they can release that perosn. It may not seem fair, but I would like to hear what the employer has to say.
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Old 03-15-2011, 07:54 PM
 
Location: Burbank, CA
4 posts, read 6,676 times
Reputation: 10
can I work with you? Im nearly broke in Burbank!
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