unemployment issue nys - Printable Version
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unemployment issue nys - blake - 05-13-2009 10:31 AM
so i have my hearing next wensday for unemployment,i recived a letter stating the resons why. it says willful false statement to obtain benefitsand voluntary leaving of employment without good cause.i dont understand how they can say this when mr dr never released me for full duty on light duty with a list of restrictions that my employer didnt offer.so as a result they let me go,and said i quit when i was really fired.it was only their dr of choice that of course said i can go back even the ime said no to full duty with restrictions and it said "return to full duty not anticipated". it also say on the letter for the hearing notice to all parties "produce medical documentation of date claiment was released for work,including restritions". so i think im pretty good there. i go see my treating dr today just wondering how i should have him write me up something for my hearing.my employer will stop at nothing to deny me all they can.
RE: unemployment issue nys - blake - 05-13-2009 02:10 PM
does it sound like i have a good case to get my unemployment?
RE: unemployment issue nys - Bad Boy Bad Boy - 05-13-2009 04:25 PM
Blake, here is a question.
You were out of work for 11 months, before they fired you.
Were you supplying your employer with every medical report saying you were on light duty with restrictions?
Now, I am not talking about any IME reports. I'm talking when you went to your Doctor's.
In the past threads here, you have stated you had no contact with your employer. It is your job, not your doctor's or their offices to keep your employer informed about what is going on with you medically.
You also stated this quote below;
(so i told them i cant come back to do that job and i was fired)
As you see you refused work. That is unless you provided your employer with medical documentaion prior to that date of being fired.
Note; I said you provided these reports, no one else.
RE: unemployment issue nys - fencer11 - 05-13-2009 09:03 PM
Blake, I was also let go after my injury. I did as Bad Boy said, keep my employer updated on my condition and the day that I told them I could not return to what I was doing, they said they had nothing else to offer me, which I knew beforehand that they did'nt. They told me my date of termination and gave me the cobra option for healthcare.When I applied for unemployment, I had no problem, but then went to a hearing and the employer said that I was not "collecting unemployment on his dime". Well sorry charlie, but he is collecting on your dime.If your employer had nothing for you within your restrictions, you should be ok, but if they had something and you did'nt take it, I think your out of luck, other than to maybe say "ok if you are saying you did not fire me, and you have work for me within my restrictions I will be there monday morning!" Good luck.
RE: unemployment issue nys - Bad Boy Bad Boy - 05-13-2009 09:34 PM
Just a side note for everyone that reads this thread;
Supplying your employer with your medical reports, and mostly the ones that say out of work, can work light duty, or can work with restrictions, is about the only time, that Work Comp, and labor boards issues can run together with each other.
RE: unemployment issue nys - blake - 05-14-2009 06:25 AM
yes i was out for 11 months before this all happend i was going to my dr every month and they had all my medical up to date. the reason they had contacted me after 11 months was because they were going through tuff times business wise and from what i was told they were tying up loose ends and i happen to be one of them.they knew damn well if they sent me to their joke of a dr he would say i was fine to come back. i have been through this before with this dr.as a matter of fact i was sent to him prior to my fusion in 2004 and he said i was fine so i went to a nero surgeon and come to find out there was major problems.i was just a casulity of slow business times there and thats not right.i went to my dr yesterday and he still has me out of work with a list of resrictions and i told him i will be going to vesid may 19th and he was very happy to hear that,im just so sick of my former employer lying and it needs to stop !!! no employer ever stands up to them well guess what i will i know im right and karma is a sob
RE: unemployment issue nys - Bad Boy Bad Boy - 05-14-2009 08:19 AM
Blake, who gave your employer all the medical reports?
Was it you?
RE: unemployment issue nys - blake - 05-14-2009 08:41 AM
they didnt get them all but they were well aware my dr was keeping me out they never asked for them so i didnt give them all my lawyer never told me to do so. when i went out with the fusion in 2004 i was out for 8 months funny they didnt bother me then nor did i give them reorts. they did this just to get rid of me trustme they are dirty like that i know how they play. noone ever told me i had to give them all my reports i did as they asked went to 9 ime apts they were well aware that i couldnt come back
RE: unemployment issue nys - Bad Boy Bad Boy - 05-14-2009 09:14 AM
Blake, as an employee, you are required to keep your employer well informed. For they are so to speak paying you to sit home. If you don't keep them well informed, even if they don't ask you too, you then open the door for them.
This also means if your case is being contested.
RE: unemployment issue nys - blake - 05-14-2009 09:30 AM
\ are contesting it but not on those grounds in my opinion they have no grounds to do.they are doing it just because they can.i was told by a union brother they planned to contest my unemployment before they even let me go. they screwed themselves by writting me 4 letters that have the date and clearly says TERMINATED its not my fault my dr said my days of working there are done why cant they just accept that? i want to wash my hands with them !