U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 08-28-2017, 03:21 PM
 
Location: Northeastern Pennsylvania
210 posts, read 319,907 times
Reputation: 80

Advertisements

If your employer wrongly denied your request for leave under the Federal Family Medical Leave Act, then you need to lodge a complaint with the U.S. Department of Labor, Wage and Hour Division or you can retain an attorney and pursue it as a private civil case. That being said, an alleged violation of the Federal FMLA law has no bearing on New Jersey state UI law. New Jersey is likely adjudicating you as either a voluntary quit, or a termination for timeliness and absenteeism along with an "able and available" issue thrown in due to your availability to look for and accept work due to your child's illness. The NJ UI folks have no regulatory authority over whether or not your termination was a violation of the FMLA law. An employee requesting FMLA leave must still adhere to all of their employers policies for requesting paid time off or unpaid medical leave. Violating any of those policies can result in you losing protection under FMLA law.
Rate this post positively Reply With Quote Quick reply to this message

 
Old 08-28-2017, 05:41 PM
 
14,508 posts, read 27,809,595 times
Reputation: 2562
Quote:
Originally Posted by LILREDNJ View Post
I'm aloud to take a family leave , can not terminate me because I wanted to take a family leave I been at that job well long enough to be able to take a family leave and I can't help if my son got sick
No one's saying you can't take leave, but the vast majority of companies do NOT pay you while you're on leave. Therefore, you'd have no pay check and you wouldn't be eligible for UI because you were on leave. You'd have NO money.

FMLA will protect your job so that you may return to it, but it doesn't give you access to the UI system. UI doesn't pay because you can NOT work, it pays when your employer isn't allowing you to come to work but you could if they would let you.

I think your failure to start the FMLA process BEFORE you racked up the absences because of your sick kid is "simple" misconduct, and an 8-week disqualification.

I think your kid being sick and preventing you from work makes you not "able and available."

I think your employer firing you when you started the FMLA process might be against the law, but it has nothing to do with your UI benefits. You need to have that handled by a different government agency rather than the UI people.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-28-2017, 06:33 PM
 
6 posts, read 6,663 times
Reputation: 12
I never got fully into my family leave , I didn't know how family leave works I never had to take one the boss told me to bring hospital and Dr notes in which I did he said everything was ok when I called him back stating I can return to work and ask for my schedule he called me back stating they was not keeping me and terminated me, come to find out I called cooperate and I was never on family leave , I do have a lawyer they said in the mean time while they getting together the case to collect UI
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-28-2017, 06:35 PM
 
6 posts, read 6,663 times
Reputation: 12
But I think I'm getting my UI , online it states still pended but I called the phone inquiry system and my balance went down and it says a payment was made on the 28th which is today , it never said that before but I still haven't received money on my UI BOA card
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-28-2017, 07:28 PM
 
14,508 posts, read 27,809,595 times
Reputation: 2562
Quote:
Originally Posted by LILREDNJ View Post
Made my claim on 7/9/17
How much did your balance drop? A lot or by one week's worth?
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-28-2017, 07:42 PM
 
6 posts, read 6,663 times
Reputation: 12
A lot I added it up it's from when I first filed July 9th. So hopefully that's a good sign that I got approved and will get my money
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-28-2017, 08:05 PM
 
14,508 posts, read 27,809,595 times
Reputation: 2562
Sounds like you got very lucky for now and maybe for good, but if your employer appeals, as told, this isn't a UI worthy situation.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-28-2017, 08:13 PM
 
6 posts, read 6,663 times
Reputation: 12
I'm just trying to find out now when i should receive money online still saying pended maybe it will change in the morning
Rate this post positively Reply With Quote Quick reply to this message
 
Old 01-09-2018, 09:34 PM
 
3 posts, read 2,617 times
Reputation: 10
I have a question if anyone can help?? I've been reciving my unemployment for about two weeks. I was told i had ro do another intervew. This is after my first interview and I was already penilized for the 6 or 7 weeks. I had my second interview because of my second job they claimed I called out of work on 12/10 and unemployment wanted to know why i called out of work (they sent me a form to fill out in the mail) I told them the reason why because my child was sick. I even faxwd over the Drs note stating that she was there for a sick visit. I emailed all of this info on 01/02/2018. I then faxed the paper on 01/06/2018. I have yet to get a payment because my claim is still in pending and has been for two weeks. How long dose it take. I haven't even gotten a decisión.
Thanks
Rate this post positively Reply With Quote Quick reply to this message
 
Old 01-09-2018, 10:13 PM
 
14,508 posts, read 27,809,595 times
Reputation: 2562
You'll probably get nailed because I'm betting you said you could work and were available for work on your claim form, and now you're playing the "sick kid" card. UI isn't a sick pay system. All that stuff you sent in HURT you, and you had no clue.

At a minimum, you're not getting UI for the weeks your kid was sick and you missed work, and then if NJ assesses penalties for lying on a claim form, that ratchets things up.
Rate this post positively Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment

All times are GMT -6.

¬© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top