Am I able to pursue a lawsuit for wrongful termination while receiving unemployment benefits?

I was terminated from my employment while on an approved documented medical leave. A few days later, I applied for unemployment benefits and was determinate eligible. On the day that I was expecting to receive my first UC check, I received an ineligible letter based on statements that my former employer stated that I voluntary lift. I appealed the determination and three months later I had a UC hearing in which I won. The attendees were the referee, the HR representative, my department manager, department supervisor and myself.

1 answer  |  asked Jan 25, 2004 9:02 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
You can pursue other legal claims.

Before I answer your question, I must point out that we have not spoken and that you have not retained myself or my lawfirm to represent you.

You will be able to pursue claims you may have against your employer while you are receiving unemployment compensation. If you have signed a settlement agreement with your employer, you may have waived those claims; however, it appears from your question that you have not done so.

From the facts as you relate them, you may have claims for disability discrimination and violations of the Family Medical Leave Act; you may also have claims for denial of benefits under ERISA.

If you wish to discuss your question further, feel free to contact me at the below email address and telephone number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004

posted by Christopher Ezold  |  Jan 26, 2004 11:56 AM [EST]

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