I went on an APPROVED personal leave of absence in August. I am now a victim of circumstance. I went on leave to care for my kids and find a new caregiver as my previous caregiver bailed out on me at the last minute. I spoke with HR leave dept and told them I expected to be back by mid-November. A set date was never given or communicated to me. The unfortunate circumstance is that my original boss was let go and I had an interim boss who quite honestly, couldn’t be bothered with our district as he had his own to handle and we were just added onto him. Not to mention, he was always EXTREMELY difficult to get a hold of. While I was out, a new boss was hired. I didn’t know this until I received a call from this person one night (around mid-November). I thought he was calling to talk about my LOA but he really just wanted me to tell him where the write ups for an employee of mine were as he was trying to fire her. He glossed over the fact that I had been “out of the office for a while” and that was it, call was over. I tried to reach out to the number he called from but no response. A few days after that call, I received a COBRA letter (NOT A TERMINATION LETTER) stating that I was eligible for COBRA since I was terminated. I was totally surprised but I recalled my conversation with the current boss and I realized that I had already been termed when I spoke with him. So I went directly to unemployment. I had a phone interview where the investigator was condescending and accusatory the entire time… Apparently, everything I said was a lie. He of course denied my UI Benefit due to Voluntarily leaving for other employment(don’t know where that came from), not able to work due to family care issues and severe misconduct. I appealed and now I have a hearing next week and am particularly nervous after reading whats on your site because I didn’t realize it would be this intense. I have never received unemployment before so this is all new to me. Basically, the person I was supposed to contact did not respond and I was fired. The investigator said he had docs from my employer including my termination letter which I never received and a doc stating the date I was supposed to be back which had November 1st as the date. I called my employers HR dept and one thing that was very interesting to me was that the HR rep showed my return date to be Nov.22nd which is more in line with my Mid-November than Nov.1st. The rep said he had no idea where the investigator would have gotten the doc with the Nov.1st date because he doesn’t show that date anywhere on his data. Do I have a shot at winning the unemployment benefit? I have spoken to a few lawyers and they all say the case is interesting and they want me to come in but its a few hundred dollars which I don’t have. It really just seemed like they wanted to make an easy $300 and let me go on my way. I would really appreciate any insight you could give me to get me ready for this stressful hearing. Thanks and I appreciate your time in reading this and hopefully replying.
I’d be happy to provide you with some insights. I tell you this because I’d do it anyway, but NY is one of those states I’m not able to refer you to a rep for anyway ..
NY’s statutes prohibit a fee being charged to you by a registered representative .. until you get benefits. I have no idea if this rule holds true for lawyers though. $300 bucks though is cheap if that’s all they’ll charge, but NY has rules about that too.
Just email me and make sure you give me your number and some times you’ll be available and I’ll call you. You can explain in detail and I can make sure you know to do what you need to .. to prove the interviewer apparently lost his mind .. mentioning sever misconduct .. I thought that was a term only New Jersey used after they instituted those three different kinds of misconduct in the summer of 2011 so they could start denying more claims.