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Old 04-18-2010, 08:56 PM
 
8 posts, read 76,381 times
Reputation: 25

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Hi there... I was hoping someone here could help me or share story/advice. Back in November I was put in the hospital for MRSA staph infection.. afterwards I kept in touch with my boss and about a week after I was released from the hospital she wanted me to come back to work. She stated that it was necessarry if i wanted my bonus. Although I did not feel like it and was still on my pain meds I felt put in a possition to return to work. At this point I was completely clean of the infection as the Drs scraped it all out and I had been on antibiotics and the Drs office said it was ok for me to return to work. My boss did request a drs note and I told her I did not have time to get to work on time and get drs note (as bandage change is very painful and ran longer than i imagined). She said it was fine I could have the dr fax it to her later that day. So i went into work only for about 4 hrs because i was in such pain... while i was at work the phone lines went down and to top it off my BFs car broke down when he came to pick me up (as i couldnt drive yet). she said it was fine just to have them fax it to her later... then she called me about 3 buisness days later and stated that she still hadnt recieved it. i think called the dr office and talked to them... i did make the mistake of telling them (dr office) the wrong date to put on note. The owners of the buisness used this to their advantage and about a week later they fired both me and my boss! I had no clue things would be so serious as if the note was not sufficient i thought they would just ask me to get another with the correct date, but they told me that i had endangered the children (i was teacher at a daycare)... this was total bull as i was in no such way conatagious!! I then right away tried to get a drs note from the office (but this was the day before thanksgiving and i couldnt get one until monday). i did get a note on monday from the drs office stating that i was in no way contagious and i was okd from them to return to work on the 19th (the day i went into work for a few hours) it also stated that they had informed the buisness owners of this on the phone through a previous conversation they had had before they even fired me!!! Well I won my unemployment through the phone interview and have now for about 6 months been getting unemployment benefits.. well not a suprise the employeer appealed the decision a few days after i won my case and it has taken this long now to get the appeal date in the mail...

what my concern is that what are the chances of them winning their appeal?? im very nervous about this... i guess because it has been so long and my memory isnt so fresh (not to mention the pain meds i was on made things really groggy). does anyone have any similar stories they can share with me? or anyone have advice??Can they appeal again if they lose this one?? If they win will i have to pay back the unemployment?? Should I go so far as to get a lawyer? This would be truly hard as i am a single mom and things have been tough. please help my appeal is in a couple weeks.

Thanks sooo much for any help that you can give!

Honey

Last edited by honeygal; 04-18-2010 at 09:25 PM..
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Old 04-18-2010, 09:09 PM
 
Location: San Antonio Texas
11,431 posts, read 17,303,020 times
Reputation: 5224
[quote=honeygal;13798098]Hi there... I was hoping someone here could help me or share story/advice. Back in November I was put in the hospital for MRSA staph infection.. afterwards I kept in touch with my boss and about a week after I was released from the hospital she wanted me to come back to work. She stated that it was necessarry if i wanted my bonus. Although I did not feel like it and was still on my pain meds I felt put in a possition to return to work. At this point I was completely clean of the infection as the Drs scraped it all out and I had been on antibiotics and the Drs office said it was ok for me to return to work. My boss did request a drs note and I told her I did not have time to get to work on time and get drs note (as bandage change is very painful and ran longer than i imagined). She said it was fine I could have the dr fax it to her later that day. So i went into work only for about 4 hrs because i was in such pain... while i was at work the phone lines went down and to top it off my BFs car broke down when he came to pick me up (as i couldnt drive yet). she said it was fine just to have them fax it to her later... then she called me about 3 buisness days later and stated that she still hadnt recieved it. i think called the dr office and talked to them... i did make the mistake of telling them (dr office) the wrong date to put on note. The owners of the buisness used this to their advantage and about a week after that they fired both me and my boss! I had no clue things would be so serious as if the note was not sufficient i thought they would just ask me to get another with the correct date, but they told me that i had endangered the children (i was teacher at a daycare)... this was total bull as i was in no such way conatagious!! I then right away tried to get a drs note from the office (but this was the day before thanksgiving and i couldnt get one until monday). i did get a note on monday from the drs office stating that i was in no way contagious and i was okd from them to return to work on the 19th (the day i went in for a few hours) it also stated that they had informed the buisness owners of this on the phone through a previous conversation they had had before they even fired me!!! Well I won my unemployment through the phone interview and have now for about 6 months been getting unemployment benefits.. well not a suprise the employeer appealed the decision a few days after i won my case and it has taken this long now to get the appeal date in the mail...
what my concern is that what are the chances of them winning their appeal?? im very nervous about this... i guess because it has been so long and my memory isnt so fresh (not to mention the pain meds i was on made things really groggy). does anyone have any similar stories they can share with me? or anyone have advice??Can they appeal again if they lose this one?? If they win will i have to pay back the unemployment?? This would be truly hard as i am a single mom and things have been tough. please help my appeal is in a couple weeks.

Thanks sooo much for any help that you can give!

Your story is difficult to read, but I had a similar experience in CA with the Administrative Judge from EDD, who was a real Bit*h. I was also somewhat forgetful and tried to remember things that were foggy. Whatever you do, just say "I don't recall" if you are unsure of something. If you lie, they will label you as a non-credible source and rule for the Employer. Have as many factual written documents as possible. Apparently, you have notes saying that it was Ok for you to return to work on the 19th. Organize those as Exhibits to make your case. in my case, the HR person of a major fortune 500 drug co lied through her teeth to say that she had never rec'd certain documents which she had. If she wasn't sure, she simply said, "I don't recall". She had a comapny paid lawyer to coach her on what to say. I was uncoached and fed to the wolves and ultimately LOST the case. Had I known then what I know now, I believe that the results would have been different. Have your FACTS ready and don't be tempted to make up something that you "think" was true, b/c they'll call you "not credible".
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Old 04-19-2010, 08:18 AM
 
32,508 posts, read 50,991,014 times
Reputation: 18384
you should post this on the WORK forum--there are people there with experience in UEC
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Old 04-19-2010, 09:32 PM
 
8 posts, read 76,381 times
Reputation: 25
thanks so much. i will do that
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Old 05-16-2011, 02:36 PM
 
2 posts, read 3,943 times
Reputation: 10
my advice if you can afford a lawyer get one. these people are so afraid of their unemployment insurance going up, they will deny a months worth of unemployment. If I had the money Id get a lawyer,my boss lied said he never screamed at me that he had a "heated conversation" so i wrote the board of review, a letter stating that this doctor lied, and the meaning of "heated conversation" was attached, if i dont get it fine, I just want them to know what kind of a person this doctor really is.
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Old 05-16-2011, 03:09 PM
 
Location: Metromess
11,798 posts, read 23,005,768 times
Reputation: 5154
honeygal: That is a raw deal. I hope it works out in your favor.
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Old 05-16-2011, 03:55 PM
 
Location: Simmering in DFW
6,955 posts, read 20,700,174 times
Reputation: 7229
I don't think you need a lawyer. However, bring all the documentation. I suggest you NOT say that your memory is fuzzy or your behavior was in any way effected by pain meds. Just don't even mention pain meds....sends red flags. It seems the cause you were fired is because you broke a rule by putting the day care's licensing at risk by being at work without a doctor's release; but the date on the release was an administrative error -- of which the day care was well aware prior to discharging you. Correct? Bring whatever evidence you have that the day care KNEW the correct date prior to firing you. If you can get a notarized statement from your prior boss, do so, better yet bring your prior boss as a witness if that is permitted. You can phone the dispute referee and ask if a notarized statement or witness is allowed so you can be properly prepared. And good advice about not making stuff up. If you don't remember, say you don't remember. But, again, don't say you don't remember b/c of pain meds.
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Old 05-16-2011, 08:56 PM
 
1,064 posts, read 3,372,794 times
Reputation: 590
This post is over a year old....
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Old 05-19-2011, 11:46 PM
 
32,508 posts, read 50,991,014 times
Reputation: 18384
and another one bites the dust--
new posted reviving an old post that no one cares about...
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Old 08-27-2013, 05:46 PM
 
1 posts, read 1,009 times
Reputation: 10
i was let go of my job, 5-28-13 due to my attendance. i failed to state that i did call in to work to let them know i wasnt going in and also gave them dr notes (excused). my employer said to file unemployment. but department says that i voluntarly quit my job.
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