denied unemployment by hearing officer
(b' ham alabama)
hi my name is joel from b'ham alabama. my recent appeal for unemployment was denied by the hearing officer even after the employer failed to show up for the hearing.
I left voluntarily due to the job making my asthma worse, keep in mind I had it since I was a child, but I had no problems with it, until I started working at the job in question.
I went to the doctor and he told me to find a new job because it makes my asthma worse. I went to the employer the next day and told him about it and ask was there any other work I can do and he said there was not. He also said that he doesn't have any other job for me to do. He then said if you can't do the work cause of your asthma, you either quit or you will be fired. I quit because i did not want to be fired. I offered a letter saying why i was leaving the job and the employer didn't want to sign the letter. I told the hearing officer all this and also again the employer did not show up for the hearing. This was the hearing officer's findings: THE CLAIMANT WORK AS A LABORER AS A FOUNDATON REPAIRER. THE CLAIMANT HAD ASTHMA SINCE CHIlDHOOD. THE WORK HE WAS DOING CAUSEd HIS ASTHMA TO FLARE UP AND GO TO THE HOSPITAL AT THE END OF THE DAY DUE TO THIS PROBLEM THE CLAIMANT CONCLUDED THAT HE CAN NO LONGER BE ABLE TO PERFORM THE WORK THAT HE WAS HIRED TO DO. HE ASKED THE EMPLOYER IF THERE HAD ANY OTHER TYPE OF WORK FOR HIM. THE EMPLOYER DID NOT HAVE ANY OTHER WORK FOR THE CLAIMANT. THE CLAIMANT LEFT HIS EMPLOYMENT DO TO ILLNESS.( Keep in mine, he never says in the decision letter that was sent, that i told him the employer said since, i don't have any other work you can do, you will have to quit or be fired.)THE CONCLUSIONS BY THE HEARING OFFICER WAS THIS:SECTION 25-4-78(2) THE LAW PROVIDES THAT AN INDIVIDAUL SHALL BE DISQUALIFIED BENEFITS IF HE LEFT VOLUNTARILY WITHOUT GOOD CAUSE CONNECTED WITH SUCH WORK. THE APPELLATE COURT RULED THAT ILL HEATH OR PHYSICAL INFIMARY IS GOOD CAUSE FOR A EMPLOYEE TO
CEASE WORKING, BUT THE ILLNESS OR PHYSICAL INFIMARY HAVE TO BE SHOWN TO HAVE RESULTED FROM OR HAS TO BE CAUSE BY THE EMPLOYMENT OR WORK. THE CLAIMENT WAS DIAGNOSED WIYH HIS ILLNESS BEFOR HE BEGAN WORK WITH THE EMPLOYER. THUS THE CLAIMANT VOLUNTARILY LEFT HIS EMPLYMENT WITHOUT GOOD CAUSE CONNECTED WITH THE WORK. THERFOR, HE IS SUBJECT TO THE DISQUALIFYING OF PROVISION OF THIS SECTION OF THE LAW: I Look under the section: 25-4-78(2)and i don't understand his decision under this law. from what i read it seems that he saying, since i had asthma and i was diagnosed early in my life with it, i am disqualified even though the job cause my asthma to flare up. it was not a good cause to leave work. was this decision right? do i have a chance with the board of appeals. if i do have a case how long will it take to get a second a appeal?
I'd appeal it to the board of review.
There might be a few significant facts that you provided that appear to have been ignored and might show the error to be incorrect.
1. You were advised by a doctor to quit. (Did you provide this testimony and documentation from the doctor stating this)?
2. As you said he seems to have completely disregarded your testimony which show you sought alternatives to quitting first and for some reason gave credibility to an employer that wasn't there to even rebut what you said.
Now with this in mind .. It is difficult to get a board of review to reverse. This is why I strongly urge anyone to have an attorney handle the appeal.
If you do try to do it by yourself I suggest you find some Alabama precedents which support your contention that the hearing officer was in error in your case. They need to be relevant and current decisions.
A board of review references the recording or transcript of a hearing when making their decision .. therefore, you need it too in order to make your appeal specific.
But here's the danger .. even if you fight a good fight with your appeal letter .. if you miss the one thing might cause a reversal .. they can't address it because you did not raise it on appeal.