Legal Question in Employment Law in Georgia
I requested a Medical Leave of Absence from my employer of 8+ yrs. in 3/2010. I was informed my FMLA would run out on 5/24/2010. I was unable to return to work at that time. Contacted my employer in June 2010, about wanting to resume work Aug. 1, 2010. Wanted to know what steps I needed to take and was told to bring in a physician's release letter. I did. Was not contacted for several weeks despite my phone calls. Finally was offered a position unlike the one I had held for 8+ yrs. I was an asst. mgr. working full time at $17.17 hr. The position I was offered was part time sales, 7.5 hrs. a week, at $12.50 hr. I am a single woman, 61 yrs. old, and cannot live on what the offer might pay. I filed for unemployment but fear my old employer will "block" my application due to my refusing the part time offer. In the meantime, I've not received compensation since 7/31/10 when my disability ran out; my medical insurance was canceled; collection agencies representing the hospital continue to call; I've received no information regarding COBRA nor have I gotten pension money I'm owed, 401k roll over info., etc. Do I have a case?
2 Answers from Attorneys
Yes, hire an attorney IMMEDIATELY!!
No one can credibly tell you that you have a valid significant claim (for whatever) based on the information you provided. Your post indicates otherwise. You exhausted your FMLA (an assumption based on the facts you stated) - after that there is no general right to keep a job if you are out. There is no general right or entitlement to ANY job. It certainly is possible, perhaps probable, that you could be denied unemployment because you refused a paying job. Many people who did not have a job would jump at a part time job while looking for a full time position. You are entitled to notice of COBRA, etc., and we don't know the terms of any pension. What steps have you taken to ask about these things? You can certainly pay a lawyer to look into these things, but you need to try before doing that.
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