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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Massachusetts Employer Appealing Unemployment Decision

    My question involves unemployment benefits for the state of: MA

    In August of 2007 my husband was in a car accident. Prior to the accident he worked for a tire re-treading company which involved lifting up to 100 pounds. The accident injured his back and he has been unable to work since - he has medical documentation to back this up - specifically doctors notes that he could not work. He finally got the ok from his doctor to go back to work (but not any physical labor type job which is the only type of work he has ever done) in February 2008. His employer put him on a LOA rather then terminate him (since he could not physically do the job). He requested light duty but was told there was none. He was evetually terminated February 28, 2008 (because the LOA lasted too long), filed for unemployment and was approved at the end of April.

    Now his employer is appealing the decision. My question is what do we need to do to retain his unemployment. Can the decision be appealed based on the employer saying he took a LOA and thus effectively quit. Does physically not being able to perform the job AND not having the doctors ok to even go back to work count as a compelling reason to leave the job? I'm very worried that this decision is going to be reversed and then we'll have to pay the money back. As it is we're borrowing money to pay the rent and I don't know how we'll pay this back.

    Incidently my husband has filed for SSDI and he has a vocational rehab counselor to try and get training so he can do something else for work.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Massachusetts Employer Appealing Unemployment Decision

    All your husband can do is appeal the decision & tell the truth during the appeal. The state will decide if benefits should continue. However (& this is important) in order to collect UI you must be ready, willing & able to work. (looking for work)

  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Massachusetts Employer Appealing Unemployment Decision

    Thanks for the reply.

    He is looking for work and he is able mentally - unfortunately no one is willing to hire him. He's been told he lacks experience/skills (since he's been doing manual/physical labor his entire life) and one person told him they didn't think he could do the job because of his injury. Believe me he would rather be working than staying home or going on disability. He's also been to temp agencies and they say they'll let him know but its been weeks and he calls them everyday. Its frustrating and then to have this thrown at us, especially since none of it has been his fault - he was hit in the accident.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Massachusetts Employer Appealing Unemployment Decision

    Hang in there. That's all he can do is keeping looking for employment & appeal the UI decision - good luck on that.

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