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  1. #1
    Join Date
    Aug 2019
    Posts
    4

    Default Unemployment Insurance Claim Denied

    My question involves labor and employment law for the state of: Oregon.
    I was terminated from my work place due to excessive absenteeism. I had FLMA paperwork on file for medical issues, but they sent me a new one to update the amount of days per week I would be gone, I did not receive the first letter they sent, and was not checking my mailbox very often and received the second one the day before it was due, I immediately called and told my work I would get in and get it filled out as soon as possible, and I did get it done the next day, but I was still absent due to health issues and planned to take it in when I went back to work ( like I had always done) but before I went back to work I was called in and put on leave pending the outcome of their determination to terminate my employment, I offered to give them the paperwork then but they did not want it. A couple weeks go by and my union rep finally made them take it, but they had already decided to let me go.
    Now I filed for unemployment and have been denied, do I have any standing to appeal and win?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,515

    Default Re: Unemployment Insurance Claim Denied

    Quote Quoting Peybray0911
    View Post
    My question involves labor and employment law for the state of: Oregon.
    I was terminated from my work place due to excessive absenteeism. I had FLMA paperwork on file for medical issues, but they sent me a new one to update the amount of days per week I would be gone, I did not receive the first letter they sent, and was not checking my mailbox very often and received the second one the day before it was due, I immediately called and told my work I would get in and get it filled out as soon as possible, and I did get it done the next day, but I was still absent due to health issues and planned to take it in when I went back to work ( like I had always done) but before I went back to work I was called in and put on leave pending the outcome of their determination to terminate my employment, I offered to give them the paperwork then but they did not want it. A couple weeks go by and my union rep finally made them take it, but they had already decided to let me go.
    Now I filed for unemployment and have been denied, do I have any standing to appeal and win?
    I don't think that anybody would guarantee you a win, but there is no reason why you should not go ahead and appeal. I don't think that anyone would guarantee that you won't win either.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: Unemployment Insurance Claim Denied

    Have you been medically cleared to return to work?

  4. #4
    Join Date
    Aug 2019
    Posts
    4

    Default Re: Unemployment Insurance Claim Denied

    Yes I have

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: Unemployment Insurance Claim Denied

    As long as you have, I operate on the theory that you should always appeal. If you do appeal, you may or may not prevail. If you don't appeal, you definitely won't.

    Now, let me ask you what may or may not be an unrelated question, but has the potential to be very relevant for more reasons than one. How long, IN TOTAL, were you out of work on this medical leave? I don't care if it was paid, unpaid, covered by FMLA, not covered by FMLA, on disability, off disability, I ONLY care about how many days/weeks/months it was from your first day off work till the day you were termed.

  6. #6
    Join Date
    Aug 2019
    Posts
    4

    Default Re: Unemployment Insurance Claim Denied

    17 days ( some were due to a death in the family though) before I was put on paid administrative leave for 14 days

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: Unemployment Insurance Claim Denied

    Okay, now that raises an issue. Of the 17 days, how many of them were for the illness/injury that there was FMLA paperwork for?

  8. #8
    Join Date
    Aug 2019
    Posts
    4

    Default Re: Unemployment Insurance Claim Denied

    12 or 13

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: Unemployment Insurance Claim Denied

    Okay, I'm going to need a lot more information here and I don't have time right now to figure out everything I need to know. Bump the thread if I don't get back to you by this evening.

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