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Did they technically fire me?
My employer put me on furlough as I couldn’t return due to not having childcare for my kids.
I’m okay with this decision. But they are now saying I voluntarily quit, however, didn’t they technically fire me?
I had and relayed good cause (per updated employment laws on April 30th related to COVID). I really don’t want to have to deal with an unemployment benefits battle.
Any advice would be great! Thanks!
Brii Coleman
Administrative & Communications professional.
33
06/18/20 at 2:26AM UTC
If you were furloughed then you didn't quit or get fired. Furloughed usually means temporarily you are not needed or cannot be used at the time but you could come back when the employer needs you or they can decide not to ask you back. As far as I know, you should be able to apply for unemployment. They do ask you if you were laid off or furloughed or terminated or quit. I would look for any section that asks for more details and mention briefly how you were furloughed because you advised your employer of child care issues during COVID 19 and later they stated they no longer need you.
Paulla FetzekTeacher, Lighting Expert, & Office Professional
1.73k
06/17/20 at 1:30PM UTC
A furlough isn't termination. It's a temporary suspension - unfortunately usually without pay. In addition, while on furlough some employers won't allow their employees to collect unemployment. The upside to a furlough is that when it's over, the employee is generally able to return to work with the same status, benefits, etc as before.
From what you wrote, it sounds to me as if your company was having people return to work. You aren't able to however due to lack of childcare. They didn't fire you, but instead put you on furlough.
A furlough usually is for a specific period of time. Did this time elapse and they're now expecting you back at work? But you're still not able to due to lack of childcare?
I'm sorry, I don't mean to sound confusing. Let me try this:
1. If the company has put you on an INITIAL furlough - but now says you voluntarily quit - that's wrong. And by doing so it makes the company look as if it doesn't want to pay unemployment so instead they're saying you quit.
2. If the company put you on a furlough that has now ended - but you're still unable to return to work - then they can declare you voluntarily quit. It's frustrating and unfortunate. But, they can declare they gave you the opportunity to return to work and you were unable to do so.
Having typed all that... It sounds like you are aware of this government regulation during this time: https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave
If your company hasn't afforded you any of the options listed here - I would contact your local state government office and ask what your rights are.
All the best...
Anonymous
06/16/20 at 12:42PM UTC
It is my understanding that if furloughed workers do not come back when their role resumes operations they will be moved to the terminated status and will
qualify for unemployment. There are some provisions in the CARES act depending on your employers size that may allow you job protection for a certain period of time for childcare but I believe it’s limited in time and you may have already used it up.
Melissa Kim Morris FeaglerAdmin - Georgia Department of Natural Resources
23
06/16/20 at 12:41PM UTC
If you were put on furlough, then you should have been given some idea of a return date? Furlough is just a temporary lay-off and isn't permanent. Did you or have you had any communication with your employer during this time? There are new laws because of Covid out there to protect you. You really should check them out. If you can't find anything, please let me know. I have them posted on the bulletin board at my office and can forward them to you. But I am working from home today. Good Luck!
Jackiek29B.s. in Business Mgmt career focused Woman
16
06/15/20 at 12:57PM UTC
If they claim you quit the are poking to reduce their number or replaced you as the need was immediately. The positive side is the Cares Act clearly protects you. Get busy and file for your UI benefits and move forward with your job search
Sandra Juliana EricsonBlogger and Internet marketing enthusiast.
237
06/15/20 at 12:41PM UTC
This is now a good trick to fire employees during this pandemic. :(
User deleted comment on 06/15/20 at 12:20PM UTC
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