There are certain conditions that you must meet before you can be discharged due to student loan debt. These conditions are outlined in this article. After you have satisfied all of these conditions, you can file for discharge and get the money you owe back. Keep reading to learn more about the conditions and what you can do to get your loan paid off.
Discharged for absenteeism
A claim for dismissal due to persistent absenteeism may be justified if the employer can demonstrate that the employee was absent without valid excuse for long periods of time. It also may be supported by a long record of absenteeism despite warnings and notices. In addition, the employee’s misconduct must be in connection with his or her employment.
The claimant had a history of absenteeism problems and was warned by his employer that any further violations of the company’s attendance policy would result in termination. However, despite his warnings, he still missed work for days without notice and without providing medical documentation. Furthermore, he failed to comply with the Employer’s policies and failed to provide mitigating evidence, resulting in a finding of gross misconduct.
Despite being a legitimate disability, the claimant was discharged due to excessive absenteeism. His absences exceeded the points allotted by the employer. In addition to missing over half of his workdays, he also missed two workdays due to personal reasons. He was not in contact with his supervisor for three consecutive shifts. As a result, he filed a human rights claim against his former employer.
Discharged for tardiness
The employer and claimant had executed a last-chance agreement, which outlined the consequences of violating the attendance policy. The claimant had missed work for the preceding several days due to a medical emergency, and she was unable to notify her employer of the missed days. Despite multiple warnings and counseling from her employer, claimant continued to miss work. She failed to notify her employer of her continued absence, including submitting medical documentation for two of the missed days. The employer discharged her for lack of notice.
The employer was able to sustain the discharge, as the claimant accumulated disciplinary points that exceeded the limits imposed by the progressive disciplinary system. This, however, was not enough to establish that the claimant had committed misconduct. Moreover, the employer did not consider her reasons for the lateness, such as using an improper time clock. The Board also draws a distinction between a discharge based on the progressive disciplinary system and a discharge based on a specific act or omission by the claimant.
The employee received three warnings for tardiness and knew that he was at risk of termination if he continued to miss work. Despite this warning, the claimant was absent for four consecutive days due to “car problems.” Although he did not ask coworkers for help, he did not try to get a cab to work. Ultimately, he concluded that he could not afford the cost of a taxi to travel a short distance.
Discharged for student loan
If you are concerned about the possibility that your student loan debt will be collected after it has been discharged, you should contact the Consumer Financial Protection Bureau (CFPB). This agency receives complaints about student loan companies, and they investigate any violations. A discharge is an option for borrowers who are not meeting their financial obligations, and they can do so through a variety of options.
The first step is to find out if you qualify for a TPD discharge. In many cases, your loan will be discharged automatically if you meet the criteria, but if your situation changes and you are no longer eligible, you can try to request a discharge. To qualify for a discharge, you must have documentation of your inability to work or earn income.
Once you’ve submitted your application, Nelnet will review it and forward the information to the Department of Education. If the Department of Education approves the discharge, you must complete a three-year monitoring period. If you’re denied, you have the right to appeal the decision to a federal court.
Discharged for disability
If you are discharged from the military for a disability that prevents you from working, you must fill out a Discharge Application. This application will require that you submit documentation from the VA stating that you are disabled. The documentation will include the date the VA approved your discharge and the completion of the three-year post-discharge monitoring period.
Usually, a disabled worker will not be eligible to file for a discharge unless he or she has been unable to work for a year and a half. However, if you have a disability that has prevented you from working for at least five years, you should automatically qualify for a federal loan discharge.
The VA can issue a discharge based on disability documentation, but borrowers can opt out. In some cases, states may treat a disability discharge as income and deny federal student loans to those individuals. However, there are some circumstances in which borrowers can opt out of a disability discharge and choose to pay for it with other income. If the cost of paying for the disability discharge is excessive, the person can opt out.