I want to know if I will get or be denied Kentucky unemployment benefits


(bowling green,ky)

I want to know if I will get or be denied Kentucky unemployment benefits


I am from Kentucky.

About two and a half weeks ago I slipped in my home and found out I had torn all the ligaments in my knee. The doctor told me i could not return to work until I saw a orthopedic doctor and that 99% of the type of injury i sustained would require surgery.

I took the doctor excuse in and showed it to my store manager at Wendy's and told him to make a copy. He said all he needed to do was see it so I showed him and for the past two and a half weeks I have been trying to get in to see someone about my knee.

But, because I am low income and have no insurance its very hard to get seen by ANYONE without paying upfront 400 dollars.

Because I can't work I have no income. I filed for unemployment Sunday like i was instructed at the unemployment office.

I was wanting to know if I would get unemployment benefits, or if I'm denied how should I go about fight the denial because I am struggling as is to support 2 children and I am at a loss about how to go about this issue.

If I'm denied i don't know what to do. PLEASE HELP ANY ADVICE WILL HELP MY SITUATION!!!



Hi,

Let me start from the somewhere near the beginning of your ordeal. You need to contact someone higher up the food chain from your manager and give them the medical documentation along with a request for medical leave ..

I'm assuming you're not eligible for FMLA? Maybe because you're part-time?

The point here is
to avoid being seen as the moving party or if you prefer, as someone that voluntarily quit their job.

But this is all only for the future of when and if you might be able to collect unemployment benefits due to the reason for being separated from your job.

One of the basic conditions of being able to collect benefits .. when one is found to be eligible for benefits is that you must be able to work.

You're not. You have a note from your doctor saying you can't work.

And, the hold up from getting you back in work ready condition is that you don't have $400. (You're going to have to look for that somewhere else besides UI benefits).

But I question the unemployment department telling you to file a claim .. because you, as far as I can tell, still have a job at Wendy's and it was not the employer that made it impossible for you to continue working there.

To summarize.

People in your situation often voluntarily quit their job, when the wiser course of action is to try to preserve the job until they are able to work again.

This forces the employer into a decision to hold a job open for you or not .. but the point is .. it wasn't your choice to end the employment.

So request the formal leave, find another resource to get yourself into the surgeon .. possibly Medicaid .. get your knee fixed and the medical release to work .. go back to Wendy's to get your job back and if they don't have one .. reopen that claim for benefits, fax in your medical documentation and start collecting while you look for a new job.

Chris

Comments for I want to know if I will get or be denied Kentucky unemployment benefits

Average Rating starstarstarstarstar

Click here to add your own comments

Feb 26, 2015
Rating
starstarstarstarstar
For Michelle
by: Chris

If you applied on 2/3/15 and expected this process to be all over and you'd be receiving benefits by 2/26 .. I don't know what to tell you Michelle, except the unemployment department won't be swayed, or hurried up to do their common investigation when someone quits, or gets discharged .. just because one unemployed person has bills to pay .. just like all unemployed people waiting in line do.

If you were union .. I guess I might ask if you filed a grievance and if not .. why not. (But only if you had asked your question where I accept questions.

And if you called in and had medical documentation to prove your absences were beyond your control .. is there any chance you didn't call in each day you were absent?

Feb 26, 2015
Rating
starstarstarstarstar
unemployment investigation
by: Michelle

I was employed with a company for 4 years.I got ill and called in and ask to use my vacation time which they never denied anyone. I was union and on a point system. Where. I worked you never spoke to anyone you just left a message on a answering machine.I called in and went to the on the third day. I was so ill I couldn't even get out of the bed.when i returned to work i gave them all of the paper work from the hospital.They worked me all day and 10 minutes before clocking out thet informed me that they where. Going to have to let me go.I applied for unemployment on 2-3-2015 and still not received. A check i don't no what to do i was told im still under investigation.. I need of help bills coming up and no money and no job . do you think they will be denied my unemployment benefits. Thank you Sincerely, Michelle

Jan 29, 2012
Rating
starstarstarstarstar
fell and employer said i quit
by: totallyhappygurl

I fell and broke 3 bones in my foot in KY. I worked for my employer for 14 years. I was given FMLA leave but still unable to return once my FMLA ran out. I applied for an extended medical leave but my employer denied that leave. I applied in Jan 2012 for unemployment and my employer is fighting my claim. They said I quit because I was unable to give a return to work date. I was released WITH restrictions on Jan 5th 2012 and took that release to unemployment office on Jan 6th 2012.
I was told that since I could do some type of work that I should get benfits.
When I got the letter stating that I quit I was devastated. I cried for 3 days knowing I did submit papers to try for the extended medical leave and they denied it. I also know 2 other employees who had gotten there medical leave extended.
I am fighting this as far as it can go as I know what I did to try and keep my job. I did not aim to fall and get hurt.
Just wandering what my chances are at my hearing which is Feb. 8th. I submitted where my extended medical leave had been faxed and also submitted another statement saying that my dr. was trying to get me into a specialist.
Like I said I just hope I win this appeal and wandering what my odds are.



You sound like you're did all the right things both as an employee and as a claimant trying to show they did not quit, but instead, was terminated by the employer when FML ran out and they refused to extend your leave when you requested it. .. you have been eligible for benefits in my opinion when you let unemployment know you were able and available for some type of work again.

Chances? I'd say they are good .. just don't leave a document out that has the ability to prove the employer is full of it. Do you know if they have a policy regarding extending a medical leave? FML is required by law when the employer has 50 or more employees and the max protection is 12 weeks per year.

For those working for employers with less than 50 employees .. the duty of the employee to themselves is the same as what I'd use to protect a right to unemployment benefits.

Request a personal medical leave and an extension of the leave if need be.

You go gurl .. you should get the benefits.

Chris

Sep 26, 2011
Rating
starstarstarstarstar
Sound Advice
by: Anonymous

Chris gives sound advice. My sister was in a similar situation in which she was pregnant and planning to return to work 6 weeks after delivery. Turns out she had to have an emergency C-section because the baby was in trouble. Complications due to surgery led my sister to be out of work for more than 6 weeks of which she kept her job informed of her situation. They eventually ended up firing her and she was able to collect unemployment easily because she had proof that she tried to preserve her job and she also had a termination letter. It was her employer that decided to end her employment. Baby is fine!

DS

Click here to add your own comments

Return to Unemployment Benefits Questions.

} }