UI Pending. (work, money, employment, appeals)

[robbin049]

I worked in a small retail shop for nine years-no benefits. Well last summer July 17, I requested 6-8 weeks time off for personnel reasons. My Boss said It was fine and she needed no Documentation and I was welcomed back, no date was given. I wrote another letter because I needed more time than expected. Then in December I found out she had cancer and was not at the store. Then in Jan, I visited her, I found out I was replaced. Many other co-workers left for months or a year and came back. She asked me if I was working twice I said No, and nothing was said of me coming back. Than I filed for UI and now she is denying me for UI telling them I said I was coming back on Sept 1, 2013, no conversation existed when I was coming back. Now my status in Unemployment says "Pending" since Feb, 27 2014, filed on Jan 26, 2014. I had a phone interview on Feb 26, 2013. I am looking for work and need money, this is so frustrating. Do you think my UI will be approved. ThaI worked in a small retail shop for nine years-no benefits. Well last summer July 17, I requested 6-8 weeks time off for personnel reasons. My Boss said It was fine and she needed no Documentation and I was welcomed back, no date was given. I wrote another letter because I needed more time than expected. Then in December I found out she had cancer and was not at the store. Then in Jan, I visited her, I found out I was replaced. Many other co-workers left for months or a year and came back. She asked me if I was working twice I said No, and nothing was said of me coming back. Than I filed for UI and now she is denying me for UI telling them I said I was coming back on Sept 1, 2013, no conversation existed when I was coming back. Now my status in Unemployment says "Pending" since Feb, 27 2014, filed on Jan 26, 2014. I had a phone interview on Feb 26, 2013. I am looking for work and need money, this is so frustrating. Do you think my UI will be approved. Thank You for any responses.

[Chyvan]

You'll have trouble getting UI if at all. When you leave work like you did, you need to have proof, and I suspect you don't. The employer is saying you quit, and unless you have proof that this was an approved leave of absence, I don't think you'll be able to convince anyone. However, that doesn't mean you can't try since it's all you have going for you right now.

The basis is that if on a leave of absence and your job isn't available when you try to return, that's a discharge and you'll only be denied UI if it was for misconduct. There wasn't anything presented that sounds like misconduct here. The only thing you have working against you is that it looks like you quit unless you can prove otherwise through a letter, form, email, text messages that you had permission, or in the alternate if the employer admits that you were on a leave and filled your position.

[DamageInc]

This happened at a job I was at a few years ago (In NJ) was exactly the same. The person did not get any unemployment . Even had some documentation of the original request but when they didnt come back as they said (They requested more leave time_) in the original request and requested more time (was a request by phone , no documentation) it was considered they quit at that point. They didn't win any appeals. If they had come back when they originally said he was told and his job was gone he would have got UI but once he didnt show up on the original return date (He requested more time) and had no proff of the 2nd request it hurt him. He could not prove that anything for the 2nd request of a leave of absence since the compnay said he quit. Your only chance is if you have some letter or proof of the second request. Anyone at the company that can vouch for you and right a notarized letter?