Home » LAW »» Employment & Labor Law

MA - Employer's Appeal at Unemployment Office was today (Employment & Labor Law)

Tue, 25 Oct 2005 21:05:00 GMT

....So to update everyone, as I wrote in a former post, I was on FMLA for the full 12 weeks and 6 days b4 the end of FMLA I received a formal request from HR to provide medical recert. and was "urged to communicate with them." No deadline by which I was supposed to respond was stated in that letter. My employement status also was not raised as an issue. I started focusing on obtaining the medical info to provide to them. 6 days after the end of my FMLA and a total of 12 days after the initial correspondance I was term'd and they said I quit because I didn't respond to their request. :mad: I was still on STD throughout all of this although I realize that my STD and my JOB are two different things.

After being medically cleared to work, and being that I was jobless, I applied and was approved to receive Unemployment assistance. The employer filed for appeal citing that they could prove that I quit vs the idea that I was fired.

The hearing was today.

I was represented by legal counsel :cool: and he had several concerns about how the employer handled this situation.

1. In the 1st letter to me from HR, since they didn't specify that I was to respond by a certain date or didn't state that I could risk losing my job if they didn't hear from me, how could they justify that I quit merely by stating in their 2nd correspondance, a TERM letter, that my failure to respond meant I quit?
Respond?, Respond by when? today? tomorrow, next week? next month? :confused:

2. When asked by the hearings officer to provide their emloyee policy handbook showing what their policy is, the HR person couldn't provide it, he didn't bring it!!! LMAO :D

3. From what I could observe, the employer's case was based soley upon 2 documents, their 1st letter requesting information with no deadlines or any indication that my job was in danger, and the term letter which they were trying to force feed everyone as my voluntary resignation.

It was somewhat difficult to get a read off of the hearing officer. He seemed a bit cold, inhumane and unsympathetic to either side. He treated everyone as if they were incompetent and my attorney wasn't very fond of him.

I would advise anyone out there who ends up in a similar situation involving an appeal or some other legal work related matter, please, please, please don't go it alone, spend the $$$ and hire an attorney, It's $$$ well spent. I would have been torn to shreads if I didn't have legal counsel.

The decision will be going out in 7-10 days.

Feedback anyone?

Comments (0) | Promote | Bookmark |

Employment & Labor Law Open Questions

MA - 3 EE's Pregnant - STD CANCELLED!

>Our company is in Massachusetts. >3 women in our office announced within a month of each other they were pregnant. >Our company had a STD benefit that entitled employees to be paid at 50% salary for up-to 4-weeks. >The benefit was not a separate STD policy, but a benefit earned and......

M.S. Degree Not Included in LCA

My question involves labor and employment law for the state of: IL Hi all, I have one question with respect to WH-4 form, H1b violation, with respect to LCA. I found that my LCA was filed only with my BTech though I am an masters graduate from premier institute in INDIA. While filing for H1 i......

M.G.L. Chapter 175 Section 134a Massachusetts

Does anyone know if ERISA prempts MA general law 175 Section 134a which states: If any individual insured under a group life insurance policy hereafter issued becomes entitled under the terms of such policy to convert to another type of life insurance within a specified time after the happening......

M R

What is the name of your state? DC My employer failed to withhold medical premiums for January-September. He now wants to deduct the full amount for that period from my next check. Is that legal? I would prefer to prorate it over the remaining pay periods for the year. Thank you....

Lying on a CV About a Prison Sentence

My question involves labor and employment law for the state of: UK Hi I am not sure if anybody can help me, but I am from UK and am after some advice. I was convicted of drug smuggling (Coke in South America) 8 years ago, and was sentenced to 25 years, however managed to get that reduced and out......

Lying Manager/Pattern of Harrassment?

I really need help on this one. I live in Arizona Over the course of almost one year now I have been harrassed by a fellow employee. She sent out an email that was a complete lie (I have responses from the orginal source that counter everything she wrote). The manager didn't meet her goals for a......

Lying Manager/Hostile Working Environment?

I really need help on this one. I live in Arizona Over the course of almost one year now I have been harrassed by a fellow employee. She sent out an email that was a complete lie (I have responses from the orginal source that counter everything she wrote). The manager didn't meet her goals for a......

Lying manager

What is the name of your state (only U.S. law)? CA I have been working at a restaurant for almost 11 years. I used to work 5 days a week, but have recently cut down to two, then one day a week. (for the past year) I have never missed a day without getting it covered myself. I always go through......

LVN Home Health OT- California

I am a licensed vocational nurse. I work through an agency and was put on an assignment caring for a patient on a twelve hour shift. My employer stated that because the care is being done in the home setting they are not required to pay me overtime, even over 8 hours. I cannot find a definate......

Lupus,need time off & new news in air need help

Conn- I have worked at my job for 1 1/2 yrs, did many hrs until I got sick in June, I have Lupus (5yrs)and it kicked my butt in the last few months. I have had a week or two off here and there(flares), but when i have my good days I was there with fire under my butt, well I have talked to by......

Some questions maybe you're interest in...

Oklahoma Laws About Runaways at 17

[CRIMINAL LAW & PROCEDURE] My question involves juvenile law in the State of: Oklahoma. Ok so here is whats going on. My girlfriend currently lives with her parents, she turns 18 in two months and is a senior in highschool. We have been dating for a year now. Her house is rather moldy, and she constantly is getting sick.........

Can I change a will if I'm P.O.A.?

[Wills & Trusts] What is the name of your state ? Washington I'm taking care of my mother and have been for 2 years, my two older sisters have done nothing to help and one has nothing to do with my mother at all. I wanted to know if I could change the will from equal shares to compenste me for taking care of the.........

IRS Liens/Chap.13/Determination of Secured Portion

[Tax Law] What is the name of your state? Texas If there is only $2,000 worth of equity/property available to secure a fed. tax lien of $45,000, (the taxes in question being otherwise totally dischargeable) and the taxpayer files a ch. 13 bankruptcy, is the lien automatically extinguished at the.........

Warranty

[Consumer Law & Fraud] What is the name of your state (only U.S. law)? South Carolina I purchase a used 2008 Nissan Sentry with a factory warranty, I purchased an extra extended warranty, the car has water in the intake, they think I or someone in my family ran the car through water and caused water to soak in the.........

Phen Fen

[Accidents & Personal Injury Law] What is the name of your state?undefinedWhat is the name of your state?South Carolina Do I still have legal remedies (compensation) rights as a former user of phen fen. I never took legal action nor registered in the past. thank you, Phillip......

Need advice on purchasing NY property

[Real Estate & Property Law] My neighbor's house was in foreclosure - she has filed for bankruptcy chpt. 13. She has agreed to sell house to me- but with banks legal fees - late charges etc. the amount owed is more than appraised value. She asked bank to do a workout to get amt. reduced but they refused unless she drops.........

Selling an inherited property

[Tax Law] What is the name of your state? Missouri My mother, along with her two brothers, inherited her mother's house upon her death. One of the brother's is wanting to buy her share. Her portion is only about $30,000. Would this be subject to capital gains tax and if so, what percentage? My father is.........

California

[Traffic Law] What is the name of your state (only U.S. law)?......

can they do this?

[Real Estate & Property Law] What is the name of your state?What is the name of your state?UT Recently, construction began on our new home. One of our requests for the home was that the layout/foundation be 'flipped' or mirror-imaged from it's original layout. The request was agreed to and subsequently represented on the.........

Forged Bank Document

[CRIMINAL LAW & PROCEDURE] What is the name of your state? New York An South American citizen visiting on a visitors visa forged a document which was used by them to open a U.S. bank account. I'm trying to find out what the repercussions of the bank and immigrations and naturalization finding out about that.........