More details to this question:
A friend of mine recently had medical 'depression' issues that landed him in a mental hospital. When he returned to work, his employer began treating him differently and documenting every small thing he did wrong. Eventually, they drummed up enough 'evidence' to justify letting him go. He was told to quit or be fired. He chose to quit and was paid for 2 weeks. Now he is out of a job and cannot collect unemployment. It may take months to find another job and his bills are piling up. He is frustrated and dealing with the same medical issue that started this whole thing. Does he have any recourse against this employer? Does he have a chance of still collecting unemployment?
1 ANSWER
Sharon Adams
If your friend worked for his employer for more than a year and worked full-time, he was entitled to family medical leave. If he used fmla while he was hospitalized, he was entitled to be returned to his job and his employer was prohibited from retaliating against him.
He also may have a claim for disability discrimination. If the employer was treating him differently because of his mental illness, he could bring a claim, starting with an EEOC charge.
As for unemployment, if he can prove that he was given an ultimatum to quit or be fired, this is called a forced resignation. If the employer did not have just cause for his discharge, then he should be able to get unemployment. Even if it is initially denied, he can appeal. It is VERY important not to miss the appeal deadlines. After two administrative appeals, he will get a hearing before a hearing officer. Given the facts in this case, I would recommend talking to an attorney about representing him at the hearing.
Finally, did he sign anything waving his right to sue the employer?
Answered on Oct 20th, 2015 at 6:30 AM