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KY- Employer says I vouluntarliy quit, I did not! Now an appeal...

by ANDI
(KENTUCKY)

Hi Chris,


I wanted to see if you could offer any information for my unemployment appeal hearing coming up soon.

I took the job earlier this year to spend more time with my family and work close to home. When I was originally offered the position it was with the understanding that the hours they could offer would be based on business needs. However they could offer me full-time right away, but to be aware that my hours would be less in the "non-busy" time. This was perfect for me as I was leaving my job, which required me to travel and work 60+ hours a week. I was willing to take less money and be close to home with my family and FLEXIBILITY. During the interview I asked what the hours were that I would be working, and I was told by the HR director it was very flexible as long as you meet your schedule. I also stressed that the flexibility was important since I had a small child and my husband travels. I was assured that flexibility was there.

Not long after I was hired, I found out I was pregnant. I waited until I was 12 weeks along to tell my HR manager. When I told her she advised me not to tell my boss until after the "busy" time as she would be aggravated to find out that I would need time off for my pregnancy. I did as she said and waited to tell my boss, and as expected she was not happy. She asked me how much time I planned to take off when I had the baby. I assured her that I would only take the minimum of six weeks and I would be back to work.

Many times I had to leave work early, or take a day off for medical reasons since I had a high risk pregnancy. My employers always worked with me and allowed me to make up my time (nights & weekends) or use vacation time so I could maintain my full-time status. Many times I also offered assistance to "fill-in" when they were under staffed on weekends, nights and big events.

My son decided to come 3 weeks early, making his grand arrival on 9/2/12. My water actually broke on my way home from working on a Saturday 9/1/12 to "fill-in".

Now onto my actual issue:

My son was born with a birth defect and required more medical attention than most new-borns. I took my 6 weeks of unpaid maternity leave as I was granted, and planned to return back to work at the end of my leave on 10/15/12.

I sent my employer the following e-mail:

Hello and good afternoon! I hope you both are doing well since I’ve been gone. First of all I want to thank you for the wonderful diaper cake that I received from Turfway Park. What a great gift to get and we are currently using the diapers that it was made of!

I am planning on returning to work Monday, October 15th after being off work for 6 weeks. Easton was born on 9/2 coming three weeks before his due date. He weighed a healthy 6.3lbs, however he was born with a congenital defect, club feet. Both of his little feet are turned in. We actually have known that he would have this since my 20 weeks ultrasound; however we did not know the severity of the feet until he was born. The doctors have told us that his feet are moderate to severe but they are confident that treatment will correct them fully.

The treatment that they use to correct his feet is called the Ponseti Method. He will go through a series of casting, long leg cast from his hip to toes for 6-8 weeks. These casts are changed weekly to slowly manipulate his little feet back into the correct position. Before the last casting he will have a small incision made in the back of his heel to release the tendon, and he will be re-casted and wear that final cast for 3weeks. After the casting is complete he will then be fitted for special shoes with a brace/bar in-between that will hold his foot in the correct position to avoid them relapsing and turning back in. He will wear the brace/bar for 23 hours a day for 3 months and then just during naps and bed time until he is 3-4 years old. Easton is currently in his second cast and is doing great! This procedure to correct his feet is a very long process and demanding. However we must stick with it if he is going to have straight feet and a normal quality of life.

The reason I am writing you both and explaining this all to you is because
obviously this process is going to require me to have some time away from work. I have the casting appointments already scheduled out. He sees the same doctor each time so I don’t get much flexibility in scheduling. They basically give me the date, time and location to have him there and I must make it work. The following are the appointments that I know of so far:

10-17 1:35 @ Fairfield location

10-26 10:15 @ Kentucky location

10-31 1:20 Fairfield location

11-6 (well check) 9:00 Cincinnati location

11-8 1:00 Kentucky location

For these casting appointments I will need to take off the entire day as they require me soaking off the old cast before the appointment, and he is pretty uncomfortable afterwards until he gets use to the new cast. I’m not certain what other appointments he will need after these and how frequent they will be. Once he gets into the brace/bar I’m pretty sure that the appointments are less frequent and not so involved. However until then I’m just taking this process one week at a time.

Obviously I want to do everything I can for my Son and getting him “fixed”, so I’m hoping that you all will be able to work with me and my schedule. I’ve been thinking the best thing for me to do at this time is to cut my work schedule to a 4 day a week schedule, around 30 hours per week. With my ‘off day’ being whatever day his appointment is on. I can let you know in advance what day it will be each week. Also until I get a routine down and some consistency I wanted to see if I could have a schedule of 9:30a-5:30p. If I can work more I certainly will because I need all the hours I can get. I just don’t want to be penalized for not meeting my ‘full-time’ requirement or being early/late. Basically for the next few months I am going to need flexibility and I’m hoping we can all work together to achieve this.

Please let me know if this new schedule and flexibility these next few months will be feasible. I’m truly sorry for this inconvenience but I will do everything on my end to make sure my work is not affected and be as flexible as I can. I’m looking forward to returning back to work on Monday. Feel free to contact me back via e-mail or we can even chat over the phone if it’s easier.
Thank you,

XXXXXX


My employer then called me and told me that since I did not qualify for FMLA that they could not accommodate my schedule request. I explained to her that I could not afford to not work and that I would be willing to make up any hours that I need off for my sons medical, on weekends or nights just like I had in the past. However, that was not sufficient she told me that my boss wanted someone there every day when she was also there. I was basically given an ultimatum between my job and my son. You can guess which one I picked, my son. The HR director explained to me that she was sorry and felt bad she even sent me two other jobs that I would be qualified for. We discussed how I would have to file for unemployment and she said she understood and would not fight it as she did not want to cause and further hardships on me.

So I filed for UI benefits and low and behold, they denied it saying I voluntarily quit. I never quit! And I don't see where they think I would be in a position to quit having two small children, and one with disabilities. I had every intention of returning to work. My child care provider has also provided a statement for evidence to show that I had retained her services and even asked her to work nights and weekends if needed so I could get all my hours in each week.

I have appealed the decision and have a hearing in two weeks. Any information you can offer would be more than GREATLY appreciated!






Hi Andi,

I have a question .. did they tell the state you voluntarily quit because other suitable work was offered to you? Or, just that you quit when you failed to return from a medical leave of absence?

If you're not sure what the employer told the state and since you need to appeal, I'll tell you what I tell anyone faceing the first appeal hearing.

Get the state file. Request it because it doesn't make sense to go to a hearing without knowing precisely how and with what the employer responded to the state with.

Chris

PS .. just reply with a comment.







Comments for KY- Employer says I vouluntarliy quit, I did not! Now an appeal...

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Jan 20, 2016
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They terminated me. Then said I voluntary quit.
by: John

Make a long story short. I've been working for my boss 4 yrs now in concrete. He taught me a lot an we develop a good relationship. I woke up late for work 2 wks before Christmas, he an his step son sent another employee to come get the work truck. I was told.to.stay home. Next day I woke up think my boss told Jim to swing around an pick me up, nope tried calling no answer. His wife just this past year started working in the office. She has never like me because I was his top guy an I had over say on her son. I got a letter sign from her date 2days after I woke up late say I was terminated for no call.no show. So she told me he I quit an it was 2 wks later when my boss left me a voicemail letting me go. Say sorry how it turn out

Oct 09, 2013
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Working too many hours
by: Anonymous

I am a salaried employee for the last 5 weeks have worked 60 hours in the workplace and have taken work home with me. The work I take home has been up to 10 hours per week. I cannot handle this pace anymore. I plan to give my employer my 2 week notice, when someone put in their notice he tell them to leave immediately. If he does this with me do I qualify for unemployment? Was I fired because he let me go before the notice period has ended? I dont want a firing on my record, but if that is the case I think then I will file. Please advise.





Depending on the state and other extenuating conditions, if he asks you leave prior to a resignation date (one you can prove to be fact) .. unemployment may be possible for the time you didn't work up to the resignation date.

In effect, the common practice of walking resigning employees out on the date notice is given, doesn't negate the employees need to prove good cause for quitting going forward from the date of intended resignation ..

That you are salaried .. becomes your problem with having good cause. Being overworked alone won't cut it.

Might be worth your time to make certain the employer has the legal grounds to classify your job as an exempt salaried position

Oct 07, 2013
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How can a Employer make...
by: ssdd los altos

false allegations and accuse you for a voluntary quit and not get penalized for making false claims. They seem to do it and forbidding us our earned benefits.
My sitch is I was dealing with a out rate GM that abused and insulted a guest then myself forcing me to abandon my post to seek support from my corpHR going to a sister property for help and that was my firing i abandoned my job with no statment on why I left now its a appeal and long over due funds My rent and everything is over due pending eviction and cancltng services how the hell can anyone make it and survive waiting on one sided lies this jerk made me so emotional and embarrassed He was vulgar and out of line involving a customer and my HQ HR to this day hasnt complied to my request to be heard 2 months now and waiting ......

Dec 21, 2012
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Reply
by: Anonymous

Thanks for your quick reply!

I beleive they told the state I quit because of medical reasons. Here is what the determination says:

FINDINGS:
In accordance with statue, benefits are not payable for voluntarily leaving work without good cause attributable to the employment. The claimant voluntarily quit due to a health condition.

The claimant failed to respond to request for interview. The employer stated she did not return from her maternity leave due to they could not accommodate her requirement schedule due to current business needs.

The evidence of record establishes that either the claimant did not pursue all reasonable alternatives prior to quitting or the claimant's Heath condition was not caused or aggravated by the work. Therefore, the claimant quit without good cause attributable to the employment.

RULINGS:
The claimant is disqualified from 10/7/12 and until work is performed in covered employment in each of Ten(10) weeks and has earned ten (10) times the weekly benefit rate.


If you could help me understand this better, I do appreciate it. As it will be very beneficial to have all the info before I go into this hearing. I just don't understand why they assume I quit, when I was certain that there response to me was that I was being let go/terminated. Also at no time was I contacted for an interview, not by phone or mail so I also don't know why the findings say I failed to respond.

Needless to say I'm very confused and your expertise is greatly needed and definetly appreciated!

Thanks so much,
Andi



Sorry .. I left for Xmas on the 21st, but the part that explains a lot to me is ..


The claimant failed to respond to request for interview.

I'm pretty sure if you had, and told them what you told me and faxed medical documentation and any supporting emails .. you should of rec'd benefits.

However, my main concern is the refusal of those other jobs being used.







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