Unfair Termination?

[ps04jsmom]

I live in Pushmataha county, OK. I work for a large world-wide communication corporation. In late July,'07, I went on medical leave suffering from severe depression/anxiety due to extreme stress on the job, loss of a co-worker due to suicide, family issues. My employer provides short-term disability benefits to cover losed wages and @ that time I was also covered under FMLA. As of mid December '07 my short-term disability was denied and continues to be. My manager advised me in November that my FMLA coverage had exhausted in October'07. As of January 1,'08 my FMLA coverage has began again & I now have 60 days. My physicians, psychiatrist,psychologist,M.D., have not released me to return to work. On January 18,'08, my employer advised me that I was ordered to return to work january 21,'08, or it would be considered refusal to report, misconduct/ insubordination. I did report and notified my manager that I was doing so against dr's advice, under protest, to protect my job. I stated to her that I didn't feel well, I didn't feel safe being there/working,(I'm an outside field technician and my job can be very dangerous). She then advised me that I should return home, stating the company would be unable to accomodate me. My manager contacted me later in the day that i should return my security badge, company laptop, cell phone, etc. in order to protect company assets. I'm sure they are preparing to terminate me. Can they legally do so? Will I be eligible for unemployment benefits? what recourse do I have if any?

 

[cbg]

FMLA does not cover, "I don't feel safe". FMLA does not cover, "I don't feel well". FMLA covers serious health conditions.

So yes, you can be fired if you do not return to work for a non-FMLA protected reason.

You may or may not qualify for unemployment. Only the state can say for sure. You certainly can apply and I would encourage you to do so.