Employer is fighting claim even though I resigned for medical reasons

by Stacey
(Chicago Illinois)

Hello,


I went on FMLA for 90 days and resigned for medical reasons shortly thereafter on the advice of both doctors. I am able to work, but not in the previous office and position where it was making my medical condition worse.
So I interviewed with IDES and everything looked fine, they called my work and they also answered the same, stating I left for medical reasons.
Now a week later I was supposed to be approved, but my old employer is claiming they didn't get the notice from IDES on time and they want to challenge or have the IDES office re-review my case before deciding. I have both of my doctors faxing notes to IDES today stating I had to leave that position because it was making me worse and I am able to work elsewhere. Also I worked one day on 10/25/09 & claimed that when I called in to certify today, thus proving I can still work.

IDES is saying I may need another phone interview? Is that correct or can they just look at the evidence provided along with my doctors notes and make a decison based on that? Can my employer appeal if I do get approved? Like I said they are saying IDES sent the letter to the "wrong address" (total BS, we have a few offices and all scan each others mail the day it comes in)....because as I'm sure you know if they
don't submit the challenge on time this would disqualify them from an appeal after a decison is made.

Do you think IDES will see after the interview they are just changing their minds so they won't have to pay?

Thanks very much.
Stacey



Hi Stacey,

The use of sending the claim to the wrong address sounds valid to me. My former employer did it all the time because once an employer gives someone else power of attorney and provides a different address for all claims and correspondence to go to .. that is what the state is supposed to do.

The strictness of whether this is good cause for non-response .. like all thing unemployment varies from state to state.

So let's put that behind you. The real question is what the employer is actually going to tell the state.

Some things I know they might say are.

A different more suitable job was offered and refused by you.

You did not give the employer a chance to offer you a different position.

Remember that I say you should always be able to prove that you "attempted" to preserve or protect the employment?

Even when someone quits for health reasons you can be found not entitled if the employer shows you made no effort before quitting to remedy the conditions which made your present job impossible.

You must give the employer a chance to fix it.

So, Stacey. How did your resignation go down?

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Oct 05, 2009
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Same Situation
by: Anonymous

Stacy,
I had the same situation. My employer flat out lied about how the whole thing played out and said to the appeal hearing judge that i never told them about any medical issues and on and on. They continued to fight it even though the appeal hearing judge approved it and i ended up collecting unemployment for 6 months. Now at the Board of Review level they reversed the decision saying they disagreed with the appeal hearing judge's decision in my favor and sided with my former employer. Now I have to pay back what I got because of this AND I have no more unemployment and NO JOB to pay any of my bills or this unemployment DEBT back so I would highly suggest getting an attorney if you want any chance of winning this as I DID have an attorney and only won the first battle and lost it all in the end anyway.

Oct 05, 2009
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Employer fighting claim
by: Stacey

Thanks so much for the heads up. I am on pins and needles with this claim. I am hoping IDES will look at the fact that during the employer's interview they stated to IDES I left for medical reasons and their answers matched mine, which is what they look for. Glad to hear doctors notes go along way for proving the case, but again I hear you on how these things can go from good to bad. I am hoping IDES really does take all into account and they can see I did what I could to stay in that position until my doctors deemed it bad for my condition.

Oct 05, 2009
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My Resignation
by: Stacey

As far as the address, I worked for Corporate Headquarters and that's where eveything goes. They probably didn't open it because they were out of town (HR has two people).
In trying to work with my company, I exhausted all sick leave and vacation time along with 12 weeks of unpaid medical leave on FMLA while seeking treatment. After FMLA was exhausted, the only suitable employment my doctors agreed I should have is a job that is/can be extremely flexible for my therapies or has the option to work from home some...or most of the time. Neither of these would be remotely possible for my company in any similar positions. They are stating it was a "voluntary leave" so I should not be paid benefits. Both of my doctors are faxing the unemployment office stating I had to leave my position with them because it was making me worse, but I can work in a different enviornment altogether.
I gave my notice via email and told them I needed to resign for medical reasons. They wrote me back stating they were sorry to hear I was not feeling better and my resignation was accepted. I have spoken to the Unemployment office and they stated doctors notes go a long way in their decison making, so I am hoping the doctors letter will help.


Doctor notes do go a long way .. as far as proving. I'm just warning you as to how employers protest this issue. And to tell you that it works often enough for me to feel compelled to warn you.


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