(TLDR) I left work for non work related injury on FMLA which is running out, I don't think my doctor will clear me to go back to work. I need to go on unemployment so I have some money coming in so I don't lose everything (house, wife, dogs etc. although I have picked out a nice bridge to live under if that happens). please help.
I work as a truck driver in Connecticut (CDL-A) and I had to take a leave of absence back in May for ankle surgery. This is NOT a work related injury. I have a good working relationship with my company, hard worker, show up every day for the most part, do my best to avoid drama and put out fires where necessary and I would say I go above (but not beyond, learned my lesson doing that years ago).
I was told verbally that I would have a job when I return. I inquired about light duty options incase my 12 weeks of FMLA runs long and they said they would train me to dispatch. They even offered unemployment which I told them I would prefer not to use that option. This was all verbal nothing in writing (next time I will get it in writing). I have been in contact with them and I do have a job when I return (if) I can return to full duty aka driving a truck.
The light duty option is no longer available (just excuses given). The unemployment option is no longer and option (the excuse given was that my ankle surgery was an elective surgery which doesn't qualify for unemployment). In short they are re-negging on everything they verbally offered/promised.
I have called DOL and unemployment as well as FMLA to no avail. My biggest question is the ankle surgery, do they really have grounds to not offer unemployment because the surgery was not work related? Also, how is a broken ankle with ruptured tendons elective? I was bound not to be able to do my job eventually which would have put me in this position anyway.
Any advice is appreciated, thanks.