Recently, Attorney Murphy’s client received a favorable unemployment benefits decision after a Department of Unemployment Assistance (DUA) administrative hearing on the merits of the client’s claim. The employer terminated the client soon after his Family and Medical Leave Act (FMLA) “leave” expired. The employer stated that the client failed to provide medical updates regarding his ability to return to work. Attorney Murphy, however, offered evidence establishing a consistent pattern of updates on behalf of his client. Thereafter, the unemployment office determined that the employer did not meet its burden to establish the client is not eligible to receive unemployment benefits. Sinbandit v. Metalcrafters, 2014.
Attorney Murphy notes that it is important for employees to document anything that may pertain to their cases; and that an email, text, or evidence of a phone call to a supervisor can be important to prove their case.
Importantly, employees should seek counsel prior to the expiration of any medical leave in order to ensure their rights are protected.