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Employer appealed unemployment decision, I was on FMLA

by Mary

I worked for a company for over 2 yrs. I have an early on-set bipolar child who is suicidal. I had to take FMLA to deal with her illness. I did miss a lot of work for 2 months. I called in and gave notice everyday I would miss, which was company policy. On April 13, 2010 I called in and was told because of my absences I was no longer on the schedule. (I was making arrangements for my daughter to go with her dad for awhile, so I could start working again) I filed for unemployment and received it. The employer appealed the decision saying I was considered to be voluntarily quit because I did not call in for 3 days. I did stop calling in after I was told I was no longer on the schedule. I have 1 week to prepare for hearing. What are my odds for winning appeal? They had me discharged a week after they told me I was no longer working there. I have confirmation numbers of every time I called in. I feel like I am being set up.


I'm not sure what to tell you except that if you have an ability to prove you did call in up until the point you were told you were no longer on the schedule, but have nothing to prove that fact, that your argument be based upon a reasonable assumption that you are telling the truth because what other reason would a reasonable person interested in "preserving their job" as evidenced by you calling in that you would suddenly stop calling in for no apparent reason.

And witnesses .. can you think of anyway to prove that you were removed from the schedule?

You feel like you are being set up? You are, and trust me .. it works sometimes, but if you are prepared and offer a compelling argument .. the employer will have a hard time proving that they did not discharge you, but that you job abandoned.

Credibility, Mary, is a perceived thing .. just tell the truth .. and in the interim wrack your brain for a way to PROVE you were told you were terminated.

Medical documentation?

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