My husband was hurt at work, went back to light duty, and is laid off for an unkown period of time…?
And he is apparently not entitiled to unemployment because his workers comp time from jan 11th thru May 11th. Doesnt count as time worked, do you think that he should be compensated??? Instead of being hung out to dry???
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Since he was hurt at work, I think that they are required to give him the money for laying him off. I would suggest getting a worker’s comp lawyer.
It depends on the reason he was laid off. If he was laid off because he violated a policy then no, I don’t think so. However, if he was laid off because they don’t have enough light duty work for him to do, then it is possible.
Honestly, you would need to speak to an attorney. If you can’t find one to give you information, contact your local law clinic and see if they can assist you.
Plus you can’t draw unemployment if you are physically unable to work. Unemployment is paid if you are willing and able to work, but unable to find employment.
No one is “entitled” to a job (except those with employment contracts). If the employer has nothing for your husband to do with the health restrictions he has, then they don’t have to provide employment.
His best bet, get well and get another job.
I’m not sure how you are defining “laid off.” There are several possible scenarios:
-his w/c doctor released him to light duty but he didn’t want to/couldn’t do the work and elected to stay off work instead
-the company laid him off as part of a larger layoff/restructuring
-he was affected by a “temporary” layoff – this is often used by aerospace or similar companies who are dependent on contracts.
If he was working on light duty and then was laid off under scenarios #2 or #3 above, he should be eligible for unemployment. Have him file an appeal.
If he elected to stay home under scenario #1, in effect what he did was voluntarily quit. In that case, he would not be eligible to collect UI.
Hope this helps – you may want to visit http://www.dol.gov if you need more information.
Doesn’t anyone actually READ these posts before responding????
There is not one bit of factual information here yet…not a bit.
As long as he was not laid off due to the injury, there is no
harrassment/discrimination on the part of the employer. He should
appeal the employment development dept denial of the UI
beneftis/claim. It doesn’t matter what people here “think”. HE will
have an answer soone enough from the UI appeals court. If he is
laid off due to the employer not being able to provide job
accommodation to any restrictions he may have as a result of the
injury, he could be eligible for continuing temp disability
benefits. You have not provided enough info to tell what he may be
eligible for, or what STATE you are in… WC and UI is STATE
sepcific.