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FL Quit Job Denied UE In Review Commission 4 Months

by stmadison
(Tampa, FL)

Hello,

I quit my job that I was hired for as a dog groomer 7/20/09 due to the fact that I had been bitten 3 times as a dog groomer one time severely. After being bit my left hand that controls the dog would let go and I'd get bit again. After my last bite 7/5/09 when I was released to work I went to the store director and asked what my options were. I asked about a leave of absence, a transfer to another store(I had asked for one 3/09 but never heard back) and about my contract if I couldn't groom since i would owe them $4,000 for grooming school. The store director told me my options were get a 2nd opinion on my hand (I did this 9/16 due to having to wait on workers comp.) and that he had only a job as cashier and that meant hourly and I would lose my commissions from grooming(about 200 a week) He also told me I'd have to lift 10-50 lb bags of dog food, cat food etc. I told him I would try this and did for about 10 days but my hand just wouldn't let me pick up the heavy items. I put in a letter of resignation that I was leaving due to medical conditions as I could not lift the weight with my hand and also that I suffered from partial night blindness and they had changed my shifts from days to 2-11 pm. I put in the letter ASAP. I was on the schedule for the week on July 19,09 I was called into the managers office and told what a wonderful employee I was sorry to see me go but my shifts had been covered and I was done. I applied for UE 7/20. First determination came back denied failed to ask for leave of absence. Onto telephone hearing. Director admitted to UE Ref that I had asked my options he had told me to get a 2nd opinion I had asked for a transfer but he never bothered to call because I couldn't groom. (My letter was submitted to the Ref. by the way) and that he didn't remember me asking for a leave of absence or about my contract. I tried to explain to the Ref. that I did all I could to keep employed went through everything above, she asked if I had gotten a transfer would I have kept my job. I answered yes not knowing she meant as a cashier or groomer as I was thinking transfer to office work different store. Again I was denied. The denial
reads Claimant hired 5/12/2008 as dog groomer as a groomer salary included commission Claimant bit on 3 different occasions Claimant had workers comp claim placed on light duty released to full duty 7/8 Returned to work as cashier because she could not perform the duties as groomer. As cashier claimant was responsible for customer service and did not receive commission pay. Claimant requested transfer to NJ for personal reasons did not receive transfer quit her job. Then it goes on to Decision Disqualified Record shows that the Claimant is the moving party in this separation. The claimant admitted that if she had gotten a transfer she would have kept her job. The employer testified that although he did not hear from any of the NJ locations(he admitted he never called) it is unlikely she would have been granted the transfer as she couldn't perform the duties of groomer.
I appealed this to the UAC review board 10/3. I still have not heard a word when I call I get it's been assigned to a lawyer or it's still in review.
Why does this whole thing not make sense to me from a leave of absence orginal determination to I didn't get a transfer because I could not perform the duties of groomer when I had already be demoted to cashier. Do I have any chance at this or is it just too messed up. I personally do not understand how they came to these conclusions when I quit for health/disability reasons.
Sorry this is so long but I wanted you to have all the info.
Thanks,
Day 101 of UAC Review


Hi,

Well, it makes sense to me shy you were denied.

You do not have a disability .. you were released to work and the one thing that might have made a difference was medical documentation from the 2nd opinion that said you did and again restricted what you could or could not do.

You were a dog groomer, but you didn't like the cashier job because you lost the commissions from being a dog groomer .. which you said you could not do .. oh and you also couldn't physically handle the cashier job because of the #10 to #50.

You then decide the only solution is to be transferred to NJ, but the employer knows the job is the same in NJ as it is in FL and you were "thinking" some kind of office job.

If you quit for health/disability .. you had better have medical documentation in Florida advising you to quit if the employer cannot accommodate your "medical restrictions" in order to get unemployment benefits.

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FL UE Quit 4 Months in review
by: Anonymous

I tried the cashier job but couldn't lift the stuff with my left hand being messed up. I did have documentation that I couldn't lift over 10 lbs but it was after the fact and they wouldn't let me add it. My question is if I couldn't control a 10 lb dog and got bit 3 times why would they make me a cashier where I had to use my bad hand even more with RM and the heavy lifting. If the Ref had asked if I would have taken the transfer as a cashier or groomer I would have said no because I couldn't perform the job. I didn't realize she meant only in that capacity. Is there anyway to correct it? Also how long should FL UE Review be? Isn't 4 months a long time?
Thanks,
mstmadison


Probably not. UI hearings are conducted under very specific procedural rule. They always ask you if you have anything to add. You don't just wait for the referee to ask you questions .. you present your own case. The problem for many people is that they can be pushed around if they don't know the rules of procedures for hearings and know how to control the referee through those rules.

I think this is the real value of a good attorney. They know how a hearing is suppose to work .. and are much less likely to allow a referee to disregard or tell you that you that your testimony is irrelevant.

Now, any appeal must be based on procedural error during the hearing. You can't offer new testimony at a review hearing .. you must decide by listening to the hearing is procedural errors were made and then they will reverse, amend, or affirm the referee's decision or remand the hearing back to the appeal section to do over again with a different referee sometimes.

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