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No unemployment for employee who quit fearing discharge

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in FMLA Guidelines,Human Resources

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 several FMLA leaves. 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)

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