A woman who claimed she feared she would be fired if she took leave to take family members to medical appointments has lost her fight to receive unemployment benefits.
Recent case: Anna took severalleaves. She had not yet received clearance to return to work when she requested three more days off to take her mother and son to medical appointments. Anna claimed her supervisor was “short” with her when she asked and then resigned because she feared she would be fired. She applied for unemployment compensation, claiming she had no choice but to quit.
The court rejected her claim after the employer denied she had been threatened with discharge and said she would have been allowed to return to work even if she took more time off. (Beers v. Unemployment Compensation Board of Review, No. 380 C.D. 2015, Commonwealth Court, 2015)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Firing shortly after follow-up FMLA care may be retaliation
- Remind employees to closely read the forms and policies they sign
- Don't force FMLA leave unless health condition is serious
- Use 7-point checklist to choose an employee assistance plan