Former Employer Lied to Unemployment Office

[yojerms1977]

My question involves unemployment benefits for the state of: South Carolina

I was fired while on medical leave. My employer stated I was one month shy of qualifying for FMLA. I filed for unemployment four weeks ago today. During the second week of waiting, the unemployment office called me and said that my employer told them I A) already had another job at a competitor and B) I voluntarily quit because I didn't inform them about being on medical leave. Both of these were lies. I have two letters that they mailed to me firing me, plus my supervisor called me and told me I was fired and that I would receive a letter in the mail that week explaining everything. I told this to the unemployment counselor and that those were both lies. She took that as my rebuttal and told me it would go to Columbia for a decision. Do you think I will be denied because they told these lies and they will take my former employers side? I haven't worked in two months now and I am broke, and need to buy my medications. I am worried sick, and it's been two more weeks since they sent my case to Columbia. Everytime I call for a status, they just tell me there hasn't been a decision made yet.

[splendidsplinter]

Sorry I have no legal advice to give you, just commiseration. I had an employer in Nebraska or actually back dated demerits in my file and fabricated a totally different version of their quit now or work 2 more weeks with pay. Wow! Forget the alcoholic boss everyone knew was a lush, including coming back from his usual 3 martini lunch with a black eye. Good luck, but I think your odds are worse in right to work (without unions) state. I hope they let you include those letters with your rebuttal.

[Beth3]

Do you think I will be denied because they told these lies and they will take my former employers side? Not unless your former employer can prove that you resigned to go work elsewhere. That doesn't seem likely, particularly if you can produce documentation from the company that you were terminated because you weren't eligible for FMLA and were in need of medical leave.

I think your odds are worse in right to work (without unions) state. Huh? (a) What does that have to do with the OP's situation, and (b) right to work means an individual can't be forced to join a union in order to be employed - it doesn't mean that a State has outlawed unions.

[yojerms1977]

Do you think I will be denied because they told these lies and they will take my former employers side? Not unless your former employer can prove that you resigned to go work elsewhere. That doesn't seem likely, particularly if you can produce documentation from the company that you were terminated because you weren't eligible for FMLA and were in need of medical leave.

I think your odds are worse in right to work (without unions) state. Huh? (a) What does that have to do with the OP's situation, and (b) right to work means an individual can't be forced to join a union in order to be employed - it doesn't mean that a State has outlawed unions.

Thanks Beth, I appreciate your help and I hope it all works out soon, I'm destitue and need medications soon!