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06.03.08, 14:55 PM General Topics
8 replies
HR moms: DH broke his foot on Monday and was let go on Friday. We've filed a disability claim with co. and plan to file for unemployment from state, but not sure whether I should wait to hear whether claim goes through before filing with state. Any advice on when to file for unemployment? We've investigated his pension, 401k, COBRA, flex spending account, as well. Am I forgetting anything? [ Reply | Watch | Flag ]
General Topics 06.03.08, 02:55 PM Flag
 

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Did he break his foot on the job? Because otherwise usually disability doesn't kick in for several weeks. [ Reply | More ]
General Topics 06.03.08, 02:57 PM Flag
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Foot unrelated to job. Disability starts after one week "waiting period." [ Reply | More ]
General Topics 06.03.08, 03:09 PM Flag
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HR mom here - disability and unemployment should be unrelated, and you shouldn't have to file for one before the other. However, it all depends on what state you are in as to how disability works. In some states you file through the company, in others through the state. If your DH is getting any severance, you can ususually file for unemployment, but won't receive until he stops receiving severance. Definitely get both going right away though. His HR person should be able to walk through the disability process, even if he's already been let go. of course, if you have any reason to beleive that he was let go because of his comp claim, then i guess you could sue, but that would be a long shot. [ Reply | More ]
General Topics 06.03.08, 03:01 PM Flag
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^^ and technically, its a bad idea to let go anyone who recently filed a workers comp claim. i'm surprised they did it! [ Reply | More ]
General Topics 06.03.08, 03:03 PM Flag
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Thanks so much. In our state, we file for unemployment through state. This was not a workers' comp. claim, though I do believe the foot is related to being let go. What sort of claim would we possibly have? ADA? [ Reply | More ]
General Topics 06.03.08, 03:12 PM Flag
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what does he do for a living? [ Reply | More ]
General Topics 06.03.08, 03:19 PM Flag
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afraid I'll out myself--something in banking [ Reply | More ]
General Topics 06.03.08, 03:33 PM Flag
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Sorry - i thought the broken foot was a workers comp thing. if its not, then you don't have a claim. ADA is really based on actual disability, and has more to do with the company making a reasonable accomodation to allow people with disabilities to work in any workplace. If he broke his foot in a non-work related incident and got let go, then its just unfortunate coincidence. [ Reply | More ]
General Topics 06.03.08, 07:33 PM Flag
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