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?
1 Answer from Attorneys
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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