Taking fmla and your 3 months runs out. You are not able to come back is that fired or just let go. My company told me if I was unable to come back to work by a date that I would be terminated. Was I fired?
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FMLA is a little more complicated than that. I had to use my disability weeks, THEN all vaca time first, THEN I was able to use FMLA up to a total of 12 weeks max.
Are they just informing you in writing that by THAT day you need to be back or will be considered terminated?
Sounds like you self terminated... so it's more like "quitting".
If you did not come back after 3 months and did not notify the employer as such then I would think that you chose to quit. At the end of the FMLA period, you are contractually obligated to return to your position (just like they are contractually obligated to hold your position), unless there are other legitimate extenuating circumstances that prevent you from working and proven/requested by a medical professional. It sounds like you chose not to return to work and not to provide any documentation demonstrating your inability to work, so you 'quit'.
In Minnesota if an employee does not report to work and does not communicate a reason why for three days in a row, they are assumed to have resigned (quit) their position. The employer only needs to show that they made a reasonable attempt to contact you and determine why you weren't coming to work. They then just send a notice that you are no longer employed by the company.
"Fired" can mean "terminated for cause", "terminated for performance", or "terminated" which all have different legal meanings.
If you are asking if you qualify for unemployment money, that will be determined by the unemployment office. There is not way any of us on this site could know what the outcome of that decision will be. The unemployment agency will decide that based on the details of your situation and your former employer's input.
it sounds like you effectively quit. by the way, tn is an "at will" employment state, so if you have big dreams of suing your employer, it's prob gonna be a waste of time and money. they held your job for the required amount of time, they are likely off the hook legally, dr excuse or not. i hope that whatever has required you to take and extend your fmla leave will be resolved soon, good luck and may you find a great job if/when you are able.
you abondoned your job...its the same as quitting.
Fmla or no Fmla...if I decided to stop coming to work...what is my job going to do?? just hang on until I decided to come back? nope. I am sure there was some communication after your 3 months were up. They were required to send you a certified letter a couple of times saying 'if you do not not return to work, your position will be replace" or something like that...
Techincally, yes you were fired. They held your position for the required 12 weeks and you weren't able to come back. One way to look at it is you did not return so in some ways you resigned but by accepting you were fired, you may be eligible for unemployment (chek w/ your local unemployment office)....why you didn't go back may make a difference.
If you were supposed to report back to your job at the end of your leave and you did not work out using additional PTO or time off afforded you, then you quit.
I you weren't able to come back in terms of doctor's note or your inability to perform duties due to medical condition, fired.
Fired with cause (not showing up to work) or quitting...not sure the specific classification in TN. You didn't ask but I'm willing to guess this would preclude you from receiving any unemployment insurance benefits. They held your job as required by federal law.
It sounds like it unless you told them that you weren't coming back. Either way you probably wouldn't be eligible for re-hire since you were on FMLA & didn't give notice. If your thinking of using them as a reference or getting unemployment, then call human resources to find out for sure first.
I am not sure in this instance. When I hear that someone is let go I think that the company no longer had a position available for said person (as in they were laid off). When I hear fired I think that the person was unable to fulfill the demands of the position so someone else needs to be hired in their place (but to be fired implies that there was wrongdoing on the part of the employee which is not so in your case). So I guess I would just stick with terminated due to the employee's familial obligations.
