Legal Question in Medical Leave in Georgia

terminated for job abandonment

i was terminated from my job of over

9 years for 'job abandonment' after i

was placed on medical leave for

depression while going through a

divorce... the reason given for

abandonment was that i didn't

answer my phone every time they

called to inquire as to when i would

be coming back... i did meet with

them once while i was on leave and

also talked to them on the phone at

least once and told them when i

wanted to come back but the doctor

did not release me... i did not answer

the phone every time though... also,

can you collect unemployment if you

were terminated for job

abandonment?


Asked on 6/23/09, 4:38 pm

1 Answer from Attorneys

Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: terminated for job abandonment

When an employee is on a medical leave, the employer is entitled to require periodic updates on the employee's expected return to work date. If you provided your employer with a medical certification, then it probably has an expected return to work date. If that date had already passeed, the employer may have been entitled to require a new certification, or at least updates from you and your health care provider. Failure to respond to such requests could be grounds for termination.

It is unlikely that you would qualify for unemployment if the employer can prove that you did not respond to its requests for medical updates.

To determine whether you have a claim, I would recommend that you have a full consultation with an attorney, such as myself, specializing in labor and employment law. If you are interested in a no-charge consultation, please contact me using the information in my profile below.

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Answered on 6/23/09, 4:59 pm


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