QUESTION
Would I be able to file a lawsuit against my employer for putting me on a Leave of Absence and not getting unemployment for it?
Asked on Sep 30th, 2014 on Labor and Employment - North Carolina
More details to this question:
I injured my back. It didnt directly happen at work but it happened because of the work I was doing. I went to the ER twice and the doctor for follow ups. My employer put me on a Leave of Absence because of my restrictions but I would not be able to get paid for this time. I filed for unemployment and when they responded to Employment Security Commission, they said that I quit. Meaning I was not getting paid and unemployment would not pay me either. Because of that I am behind on bills and my utilities could be cut off. I have the documents from my doctor stating what my injury was and documents from my employer stating that THEY were placing me on a Leave of Absence.
1 ANSWER
4 Awards
There is no way to file a lawsuit against your employer due to being denied unemployment. The Division of Employment Security decides whether you are qualified for unemployment or not. If you are denied, you have a right to appeal the decision with the DES. However, the DES may not find in your favor ultimately.
Additionally, your employer is not required to pay you for time you are unable to work due to medical or physical restrictions unless there is some type of medical or sick leave that you have available. However, if your injury is work related, then you may be entitled to workers compensation benefits. Perhaps you should consult with a workers compensation attorney if you believe that it is a work related injury.
Answered on Sep 30th, 2014 at 1:20 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.