QUESTION
What to do if I wrongfully fired and my boss lies and says i quit?
Asked on Apr 10th, 2013 on Labor and Employment - Texas
More details to this question:
I had to have emergency surgery and needed to take 6 weeks out to recover. I had doctors excuses and showed them to my boss. A week before 6 weeks is up I call her to tell her I can return back to work the following week and at that point she said I no longer have a job. There is no FMLA at my former job. To make things worst I applied for unemployment stating I was fired and she anwered back to unemployment that I quit. I dont have proof since she fired me over the phone.
1 ANSWER
4 Awards
If your employer employs at least 50 people, and you worked full time (1250 hours) for the last 12 months before your surgery, you would be entitled to FMLA, regardless of whether your employer "allows" for FMLA or not.
As to the unemployment claim, you do not have to prove you were terminated. You need to provide the unemployment office with copies of the doctor notes that you provided to your employer during the 6 weeks you were off, and show them the cell phone or home phone records noting the date you called to say you would be back at work. You can then explain that this was the date they told you about your termination. This evidence should suffice to get you unemployment.
Answered on Apr 10th, 2013 at 4:12 PM