Employer is fighting claim even though I resigned for medical reasons
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.
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?