Results 1 to 10 of 26

Hybrid View

  1. #1
    Join Date
    Jan 2013
    Posts
    14

    Default Not Allowed to Return to Work After Illness, My Employer Appealed My UI

    My question involves unemployment benefits for the state of: Utah

    So I filed for unemployment benefits and got approved for them but now my former employer is appealing them.

    Heres what happened..

    I was hospitalized with pneumonia for a week and I let my manager know I was in the hospital and once I was released it took me about another week to be able to feel well enough to return to work. I gave my employer the doctors note stating I was able to return to work. I emailed the person in HR and advised them I was ready and able to return to work but I didn't hear anything back, I tried calling and leaving voicemails and sent more emails and I finally got an email back stating I wouldn't be transferred to another project. Basically they didn't give me my job position back after I was able to return to work and they wouldn't transfer me to a different project because I was told that no other manager wanted me on their team due to them not being impressed with my work history and they stated I had a "horrible attitude" and was "confrontational" but I wasn't that way and there is no evidence or write ups stating that I was. So basically they didn't fire me and I didn't quit, I was laid off because I was told no other manager wanted me on their team. So with all that in mind do you think I'll win my appeal because they have no evidence of said issues? Also, wouldn't they just fire me if they were not satisfied with my performance instead of not putting me anywhere? The last time I had gotten written up for anything performance wise related to my job was over a year ago. Also it even states in my worker logs that I was not "termed" but when I came back from the hospital no manager wanted me on their team so therefore that would be getting laid off, correct?

    I had first started working there in 2007 and then quit in 2008. I had gotten re-hired in 2010 and they are using previous write ups I had back in 2007-2008 in the appeal's case. Can they do that or do they have to go off of writes up from 2010 onward?

    Bottom line is I was willing and able to return to work and they didn't put me back to work.

    Thanks in advance.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: My Employer Appealed My UI

    Very, very important questions.

    How many employees within 75 miles of your location? And in the 12 months immediately preceding your leave, did you work a minimum of 1,250 hours for this employer?

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: My Employer Appealed My UI

    You're trying to make it sound like you were laid off, and that some how makes things better. You don't need to do that. Being fired for a "horrible attitude" and being "confrontational" wouldn't exactly be disqualifying reasons even if you were to put that you were discharged or fired on your UI application.

    If that's the direction that your employer is going to go, you can pretty much say nothing at your appeal hearing because even if the ALJ or hearing officer agrees that you had a "horrible attitude" and were being "confrontational," that wouldn't be misconduct.

    1. Sponsored Links
       

Similar Threads

  1. Privacy: Can Employer Disallow My Return to Work Until I Fumigate My Home
    By remybklyn in forum Employment and Labor
    Replies: 11
    Last Post: 05-17-2012, 08:49 AM
  2. Unemployment Benefits: My Previous Employer Just Appealed My Benefits
    By eyesfocus in forum Employment and Labor
    Replies: 1
    Last Post: 05-05-2011, 07:27 AM
  3. Unemployment Benefits: Unemployment I've Been Collecting Appealed by Employer
    By carolynmc in forum Employment and Labor
    Replies: 1
    Last Post: 12-10-2010, 08:54 PM
  4. Compensation and Overtime: Employer Appealed DLSE Decision - What Happens at the Hearing
    By Mr_BiGG in forum Employment and Labor
    Replies: 1
    Last Post: 02-22-2010, 09:23 PM
  5. Unemployment Benefits: Employer in California Appealed Benefits
    By akihabro in forum Employment and Labor
    Replies: 1
    Last Post: 10-15-2008, 07:36 AM
 
 
Sponsored Links

Legal Help, Information and Resources