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Old 07-15-2013, 11:40 PM
 
2 posts, read 11,421 times
Reputation: 10

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I have been denied unemployment for voluntarily leaver work with out notice. Part of the letter states I could have spoken to a manager to discuss the situation. It says nothing about putting anything in writing. I had previously spoken to management about my concerns due to physical disability. Due to the nature of my disability I ended up in emergency. I was in such severe pain I could barely walk. I am now being denied unemployment for not showing good cause for leaving work without notice. All my conditions are well documented with letters from four Medical professionals and one counselor, x-rays and prescriptions for pain meds, a cane, and antidepressants/sleep aids.
Do I have a chance at wining an appeal?
By the way, I worked for one month, made $927.00 dollars and had about $60.00 taken out in state taxes. My previous job I was at for 20 years before having to step down due to my disability. I feel as though the states is punitively taking the unemployment from my twenty year career by way of disqualification because they would be unable to penalize me the 4 times the weekly benefit and 8 times my total unemployment of over $13,000.00 for only working one month at ten cents above minimum wage. I am also on medical leave and have been since November 2012. The state also made sure that the disqualification for the one month job was dated before the twenty year job to ensure the loose of as many benefits as possible and the greatest monetary gain for the state.
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Old 07-16-2013, 05:03 PM
 
Location: Wisconsin
25,576 posts, read 56,451,817 times
Reputation: 23368
First, know that no frontline rep is going to grant benefits under your circumstances. There will always be a denial, moving the matter up to appeal.

You need to present all your documentation in an orderly, clear, chronological fashion, including actual dates when you spoke to your employer about your medical issues.

Further, it is very difficult to make head of tail of your post because nothing you've posted is in chronological order.

The "by the way I worked for one month," and then saying you've been on medical leave since November 2012, and then saying you had a disqualification for the one-month job dated prior to the 20-year job?

So, what exactly, was the sequence of events?

Give exact dates and circumstances on:

20- year job - quit/medical leave due to disability? When?
Medical leave - when?
Did you receive disability payments?
If so, from whom - your company or the State of OR?
1-month job - when start, when "quit" or terminated for job abandonment
Apply for unemployment - when?

Please be very specific on the sequence of events. Based on your post, it appears, you were disqualified from benefits on your first job because of the quit due to disability and have not worked long enough to qualify for benefits on the basis of your one-month job?

Why did you take the one-month job in the first place? Because you knew you couldn't collect on the 20-year job? If you were discharged or quit for medical reasons the 20-year job, you should have applied for benefits at that time. Once you were "able and available" you might have had eligibility.

Based on this, you are NOT "able and available."
Quote:
I am also on medical leave and have been since November 2012.
In which event, you do NOT qualify for benefits at all without a doctor's release.
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Old 07-16-2013, 07:38 PM
 
2 posts, read 11,421 times
Reputation: 10
I took the one month job to get some income coming in. I found that after only one month I was unable to do even that job. My intention was to continue with the part time (one month) job until disability started.
The 20 year job was from march 1993 until april 2013. The job I was only able to do for one month was from April 2013 until May 2013. According to the letter Benefits were allowed for the 20 year job and denied for the job I was only able to do for one month
I did not file sooner because I was able to cash out sick pay and vacation pay and got a little disability through my union. I did all I could to make ends meet. I finally had to file for unemployment when the money, including savings ran out. Isn't that what your supposed to do? Not take hand outs or use the government safety net until you need to?
I am getting the chronology of events worked out so everything is in order if I appeal.
Thanks for the comments and suggestions.
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Old 07-16-2013, 07:49 PM
 
14,500 posts, read 31,058,740 times
Reputation: 2562
Absolutely NOT. Unemployment is a system. You have to know the rules. If you were eligible for the benefits from the 20-year job, you should have taken them. By taking the one month job, you created a new "last employer." Benefits are determined by the reason from your "last employer." You left that job because of medical reasons.

Medical reasons can be a good cause quit, but they can also render you ineligible because you're not able and available for work. Many people try to do the right thing by holding on for as long as they can, and then cause problems for themselves. While this won't help you, it may help someone else.

Quote:
Originally Posted by sysc39 View Post
Isn't that what your supposed to do? Not take hand outs or use the government safety net until you need to?
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Old 07-16-2013, 09:55 PM
 
Location: Wisconsin
25,576 posts, read 56,451,817 times
Reputation: 23368
Quote:
Originally Posted by sysc39 View Post
According to the letter Benefits were allowed for the 20 year job and denied for the job I was only able to do for one month

I did not file sooner because I was able to cash out sick pay and vacation pay and got a little disability through my union.
Nice guys finish last when it comes to UE. Just because you had a few weeks' wages coming in was no reason not to immediately apply for benefits on your long-term, good paying job. Sick pay, vacation pay, disability pay is irrelevant to whether or not you have a valid claim. It appears your claim would have been approved and OR would have paid benefits assuming you could eventually prove "able and available." Once you were fit, you could have searched for work which you are physically capable of performing, under no pressure.

Of course, now, appeal. It appears the core matter here is your lack of communication with your one-month employer on your medical issues. You need to be able to prove otherwise.

If you win your appeal, then to collect benefits you will need further medical evidence that you are now "able and available."

Good luck. Let us know what happens.
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