Do I have any sort of case?

[Cynny]

I’m not even sure if I have a case. But a few weeks ago I passed out at work and was taken to the hospital, where they ended up keeping me for a couple of days.. I worked for a contractor for FedEx Ground. I’d been working there for three months. Anyways, my contractor said I had to be released from a specialist before I could come back but my appointment was three weeks out so he said just message him and I’ll get back to work once I’d seen the cardiologist. I’ve not heard anything out of him and I’m cleared to go back. I’ve messaged him but he hasn’t replied. I’ve since been removed from the group chat, I’ve not had one single phone call or message regarding my employment and it has been a week since I’d messaged him and told him that was cleared to come back. So, I say I don’t have a job. Should I seek legal action? Is it even an option? Thanks in advance!

 

[cbg]

I can't tell for sure if you are an employee or not. But even if you are, if you've only worked there for three months you did not yet qualify for any kind of protected medical leave. That being the case, they have no legal obligation to bring you back to work.

 

[Cynny]

I see, I sorta figured that’d been the case. Thanks!

 

[Shadowbunny]

Of course, cbg's answer is dependent on you being in the US -- what state are you in?

 

[Cynny]

I’m in Kentucky.

 

[NeilTheCop]

So you didn't work for FedEx, but worked for someone who is a contractor for FedEx. Is that correct?
And what was your job?

 

[Chyvan]

File for unemployment.

 

[Cynny]

So you didn't work for FedEx, but worked for someone who is a contractor for FedEx. Is that correct?
And what was your job?

That’s true, it was a contractor. I was a delivery driver.

File for unemployment.

Could I get unemployment for working three months?

 

[PayrollHRGuy]

Could I get unemployment for working three months?

That will depend on a number of things. It costs nothing to apply for unemployment.

 

[Cynny]

That’s true. I guess it doesn’t hurt to find out.

 

[Cynny]

So, I filed for unemployment and they denied me stating that the findings were that I “voluntarily quit”. The employer said I didn’t make contact and didn’t show up for scheduled work. Which is far from the truth and a lie.

 

[cbg]

So you appeal the decision. The paperwork you were sent will explain how.

I haven't seen the forms that KY employers are given to complete; I'm not in KY and I don't have employees there. But in every state where I've ever dealt with unemployment, the list of reasons employers can choose from are limited. They have to check the box that most closely meets the reason in question, and sometimes there just isn't a close match.

It's also true that some employers, and some employees, lie. That's why there's an appeals process.