Unemployment Benefits Appealed by former employer

[famous09]

In May, 2009 I put in my notice at my employer due to the fact that I was continually experiencing pregnancy complications. I ended up having my daughter 2 days after my last day. I filed for unemployment, was approved and now have received notice of appeal by my former employer stating that I left due to "personal reasons". I do not have a doctors note stating that I should stop working due to the complications, but I did have various doctors notes over the last couple of months of my work there excusing me from work for 3 days, another that stated I had to cut back my hours due to complications, and a 4 page form that was required by my company was filled out by my doctor so that I could sit on a stool. It appears in the appeal paperwork that the company handling unemployment benefits on behalf of my old employer was contacted via phone multiple times and given the chance for rebuttal, but they never called back, so it was decided by the deputy that I should be given benefits. Do I have any chance at this hearing to win this appeal if I don't have a note from my doctor stating that I should quit working? Will it matter at all that my child was actually born early, with serious health issues, 2 days after my employment ended? Thanks.

 

[Patricia_Young]

Let's start very simply. Did the employer have at least 50 employees at your job location or within a 75-mile radius of your job location? If not, how many employees in total, all locations?

 

[famous09]

No on both accounts - they are a corporation but the stores have very few employees. Why?

 

[Patricia_Young]

Wanted to see if FMLA should have been in play, but not with that few employees.

Does the doctor have anything he can copy or recreate? Generally speaking, "good cause" for quitting (that would not disqualify you from benefits) includes resigning for serious medical reasons. It's unlikely that the fact that the baby was born so shortly after the termination. How is he now?

 

[famous09]

FMLA would have been in play if I would have been there until July. She was due on the 4th of July, but was born on June 2nd. My doctor may have notes that can be recreated - I believe they probably have them on hand. It still sounds to me as though a note directly stating that I could NOT work due to the seriousness of my complications would be necessary...not just my belief that I shouldn't work anymore because I was afraid that my continued employment would contribute to more complications...? How about the fact that the company handling my claim on behalf of my ex employer did not respond to repeated phone messages that were giving them a chance at rebuttal? Is this a leg I have to stand on?

 

[Patricia_Young]

Can't hurt, but I wouldn't mention it unless the ALJ does. Believe me, if the state has tried to get a hold of the employer more than once and hasn't had the calls returned, the ALJ will know about that without you saying anything.