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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Unemployment After Disability - Employer Appealing

    My question involves labor and employment law for the state of: California

    I was on family leave due to a disability for the allotted 3 months, but when it came time to go back to work my doctor felt I was not ready. My employer sent me a letter immediately telling me that I was terminated if I couldn't come back to work. I spoke to my HR rep and explained that I medically could not go back and thus my employment with them was terminated. (According to the EDD I quit with good reason--Insurance code 1256) All was fine until I stopped receiving disability payments.

    Once I was OK to start working again I filed for unemployment (until I get a new job) and the EDD approved with no problems. However, I am now being notified that my ex-employer is appealing the decision. This company is very well known, with many lawyers, and has a history of appealing unemployment cases.

    What am up against? I can't afford an attorney. Am I entitled to know why they appealed the decision before the hearing?

    One thing I am worried about is that I didn't call until I received the notice of termination. I got my days mixed (thinking I was to report to work the following week) and thus didn't call ahead of time. Will this affect me?!

    Any help will be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Unemployment After Disability - Employer Appealing

    Read this. I would expect that you would receive a copy of whatever they file in advance of the hearing in support of their appeal. It's impossible for us to tell you how you might respond to whatever they're stating as a basis for their appeal, as we haven't seen it either.
    Quote Quoting llemon
    One thing I am worried about is that I didn't call until I received the notice of termination. I got my days mixed (thinking I was to report to work the following week) and thus didn't call ahead of time. Will this affect me?!
    Maybe. I'm not sure what you're talking about.

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