I had been an employee of Forward Air Inc. for around 7 years. I was a full time employee from 2007 until Fall of 2010 when I dropped down to part time employee status so that I could return to college. Over all of the years of my employment I had never had any complaints about my work and had always received positive reviews. In May of 2014, I required some medical treatments which made me unable to work. I was not even able to drive while receiving these treatments. I began receiving Electroconvulsive therapy on May 7, 2014 and received these treatments until August 8, 2014. During this time, sometime in June or July, I received a call at home one Sunday from the Station Manager and he proceeded to tell me that they were doing some "restructuring" and that I was losing my job. I said, "so, I'm being fired while I'm on medical leave" and he would never use the term "fired" or give me any reason as to why I was being let go. I'm also wondering if I am eligible for unemployment benefits
the question is whether, on the day when you went out on leave, had you worked at least 1250 hours in the previous 12 months? If so you are covered by the Family Medical Leave Act. In that case your right to take protected leave for 12 work weeks is secured. They then would bear the burden of proving that they did not fire you to interfere with your right to take protected leave. They would have to show that even if you had not taken any leave your job would have been eliminated in the restructuring. If they couldn't prove this, their "restructuring" would not be a defense.
As far as unemployment goes, if you were available to work when you apply, and you lost your job due to no willful misbehavior on your part, you should qualify for benefits.
Michael A. Caldwell
404-979-3154
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