My FMLA has rain out and my job is considering letting me go. Can I apply for unemployment?

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My FMLA has rain out and my job is considering letting me go. Can I apply for unemployment?

As I stated my FMLA has ran out and my doctors hasn’t yet released me. And there considering terminating me. And what they don’t know is I had 3 surgical procedures and that’s why it’s taken a little longer then the 90 days and I do want too add I never been absent

Asked on September 18, 2017 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on how your employer describes your termination. They could simply call it a "termination"--an employer letting an employee go without the employee doing anything wrong, which is the employer's right when there is no written employment contract to the contrary. (Without a contract, you are an "employee at will" and may be terminated at any time, for any reason.) If they do this, you should be able to get unemployment.
But if you stay out of work after your FMLA leave runs out, then you will have unauthorized absences. Unauthorized absence is grounds for termination "for cause"--for doing something wrong. If you do not return to work, your employer could consider that you have unauthorized absences and terminate you for cause, in which case you are not eligible for uemployment benefit: for cause termination means you cannot get unemployment.


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