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Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
An employee has been out for 6 months under various disability complaints. During that time, I have sent her the FMLA forms to fill out but she has not done so. Do I still have the right to apply the
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posted at 12/2/2010 6:47 AM EST
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Posts: 4
First: 8/5/2010
Last: 12/2/2010
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What reason could be given when unemployment wants to know reason for separation? We don't want to prevent her from collecting.
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posted at 12/2/2010 8:03 AM EST
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Posts: 1103
First: 3/16/2007
Last: 8/19/2011
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I've always found the truth is best. If you separate her because she is unable to work due to her health then that is what it is.
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posted at 12/2/2010 8:04 AM EST
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Posts: 562
First: 11/12/2009
Last: 9/14/2011
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You always tell the truth in unemployment compensation claims for several reasons.
First, your organization pays for unemployment insurance. The rate you pay is determined by the number of claims against your company. The more the claims experience, the higher your UI rate.
Second, it's against the law to falsify claims.
This is one of those all too common situations in HR in which trying to be nice could wind up biting you big time.
You simply state the facts and let the UI people decide. It's not your decision to make.
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posted at 12/2/2010 2:42 PM EST
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Posts: 562
First: 11/12/2009
Last: 9/14/2011
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on more thing....
This employee has jerked you around for 6 months. Why are you concerned about her getting UI benefits?
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