Got Laid Off After Coming Back To Work From Disability
Can you get unemployment if you got laid off after I came back from disability? My sister was on disability for 3 months recovering from a knee operation, she then came back to work and was told the small privately owned Dental office was downsizing so they’d have to lay her off.
She is concerned she cannot get unemployment bc she just got off disability.
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2 Responses to Got Laid Off After Coming Back To Work From Disability
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How long after she was back did they decide to lay her off? This reeks of retaliation, punishment for being out on disability. Happened to my boyfriend. Seriously. In the eyes of a judge and jury, the timing of getting laid off after she returns is everything. They can’t lay her off while she’s out on disability and they think they’re off the hook once you come back to work, but like I said, if it’s within a very short timeframe, I’d file a disability retaliation claim with the EEOC or the state. That “downsizing” excuse should set off all kinds of bells and whistles.
Yes she can. She is able and available to work and they laid her off. Her benefit is based on what she earned during the 12 month period prior to the last quarter so her leave time shouldn’t affect that either. Apply immediately because you only get paid from the time you apply… you don’t get back pay to the date you were laid off.