Legal Question in Employment Law in New York
I would just like to know can somebody help me with my problem.Two months ago i was assualted and robbed which resulted me to have surgery.I had to take off from work i told my supervisor and he was alright with it and told me to take as much time i need..I took two weeks off and when i was ready to go back he fired me..So i filed for unemployment got a check only for one week then it was a investigation so my money was stopped..My supervisor told them i quit so i couldnt get unemployment which is a lie because he told them i quit.I called him and ask him why he did and he said it was business.I dont know what to do i need help please.
2 Answers from Attorneys
You need to appeal the denialm of unemployment benefits.
The procedure is set forth on the notice they sent you. Be advised there are strict time limits to do so. A hearing will be scheduled and you can tell the hearing officer what really happened. Good luck.
In addition to appealing the denial of unemployment benefits, you may also have a claim under the Family Medical Leave Act (FMLA). If your employer is a covered employer (i.e., 50+ employees in a 12 month period), then the employer is required to provide you with up to 12 weeks of unpaid FMLA leave in a 12 month period. Because you were required to have surgery after the assault, you would have qualified for FMLA leave.
Please note, however, that you would have had to request the FMLA leave and needed to fill out the required leave paperwork. You should, nevertheless, speak with an attorney who handles FMLA claims.
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