PAID UI BENEFITS FOR THE LAST 9 WEEKS, NOW I GET AN EMPLOYERS APPEAL
I HAD BACK SPASMS AND COULD HARDLY WALK,PRACTICALLY DRAGGED MYSELF IN TO WORK, SITTING AT MY DESK AT 6:30AM TO 3:30PM AND EVERY 3RD SATURDAY. AT THAT TIME HAD A DIFFERENT MGR. WHO KEPT SAYING IF YOU STAY HOME I WILL HAVE TO WRITE YOU UP.
NO ONE TO HELP OR TAKE CARE OF ME, I WENT TO WORK AND STILL WAS WRITTEN UP AROUND CHRISTMAS TIME. SINCE I WAS A GOOD WORKER AND IN GOOD STANDING, I WAS GIVEN A EXTRA SICK DAY WHICH SAVED ME FROM HAVING MORE OCCURRENCES THEN ALLOWED.
DON'T KNOW HOW I MADE IT BUT I DID.
MY BACK SPASMS STARTED A LITTLE EARLIER THIS YEAR AND HIGH BLOOD PRESSURE WAS WITH IT BECAUSE OF THE PAIN. I LIVED IN COLORADO, AND WEATHER WAS DOING SOME OF EVERYTHING.
DURING THE YEAR I WOULD APPLY FOR DIFFERENT JOBS, I HAD BEEN DOING MY JOB FOR ABOUT 3 YEARS NOW TALKING WITH SICK PEOPLE ALL DAY, I LIKED MY JOB,IT WAS ANOTHER WAY OF GIVING BACK. BUT IT WAS TIME TO DO SOMETHING ELSE WITHIN THE COMPANY.
I STARTED MISSING SOME DAYS, YOU HAVE TO CALL IN TO SAY YOU WON'T BE IN COULD NOT GET A DOCTORS APPOINTMENT FOR A WEEK OR SO. WHEN I DID I COULD HARDLY WALK,DOCTOR LOADED ME UP MEDICATION AND STAY HOME THE FIRST WEEK.
ADVISED MY MGR. WHAT WAS GOING ALL ALONG. ALSO SPOKE WITH MGR, IN H/R EVERY WEEK I WAS OUT TRIED TO GET STD, THAT WAS A JOKE, SAW MY DOCTOR EVERY WEEK I WAS OUT AND B/PRESSURE MEDS NOT WORKING AT ALL, 165-180/90 CHANGED MED 2-3 TIMES,LIGHTHEADED AS WELL.
RECEIVED 100-200.00 HERE AND THERE FROM COMPANY TO PAY MY BENEFITS. OUT OF WORK FOR 1 MONTH. UPON RETURNING I WENT TO PHYSICAL THERAPY 2 X A WEEK AT 45.00 A VISIT AFTER LEAVING WORK. THEN TO ADD MORE STRESS ON ME I WAS TOLD BY H/R THEY WANTED THEIR MONEY BACK(850.00)AND I WOULD BE GETTING FMLA INSTEAD IN ORDER TO KEEP MY JOB, I WAS WAY OVER THE OCCURRENCES LIMIT. THEY DID NOT LIKE THE INFORMATION MY DOCTOR GAVE THEM ON ME THEY NEEDED MORE.
FROM THE 9/7 TO 10/5 AT HOME. CALLED MY BOSS 1 NIGHT AND TOLD HER I NEEDED TO SPEAK WITH HER ABOUT RESIGNING AFTER BEING BACK AT WORK FOR 3 WEEKS NOT FEELING ANY BETTER AND STARTING FEEL WORRIED, MY PRESSURE HAD NOT BEEN THAT HIGH FOR THAT LONG.
SHE DID NOT WANT ME TO DO IT AND WANTED TO TALK ABOUT IT,I FELT I WAS NOT DOING MY JOB TO THE BEST OF MY ABILITY, THERE WAS NO OTHER JOB TO IN THE CALL CENTER, I COULD NOT TAKE MY MEDS AND DRIVE. I DID NOT KNOW WHAT ELSE TO DO. HOW CAN I GET BETTER.
ON 10/25 OR THERE OF, I SENT HER MY RESIGNATION STATING THAT SINCE I WAS NOT GETTING BETTER AFTER RETURNING TO WORK, I WOULD ALSO BE RELOCATING TO ANOTHER STATE AND LOOK FOR A BETTER JOB AND I WOULD WORK UNTIL WEEK OF THANKSGIVING,
I HAD 3 VACATION DAYS COMING THAT WEEK.
SHE COULD NOT BELIEVE I WAS SERIOUS AND IT HAD COME TO THIS. I TOLD HER AT MY LUNCH TIME I WOULD GO TO GYM IN OUR BLDG. AND HAVE THE GIRL TAKE MY B/PRESSURE.
DID NOT APPLY FOR UI UNTIL 3/2013 WAITED 6 WEEKS AND HAVE RECEIVED PAYMENTS FOR PAST 9 WEEKS, TODAY RECEIVED THE APPEAL HEARING, WHY SHOULD I GO?????? ISN'T THE BURDEN OF PROOF ON THEM?????
WILL WAIT TO HEAR FROM YOU. HEARING IS 6/4/13 AND CAN BE DONE OVER PHONE SINCE I'M OUT OF STATE
You must not of read any of the articles I worked so hard on to explain about the burden of proof for voluntary resignations.
Or why when you don't win the first appeal hearing
.. you're likely done for.
Colorado unemployment hearings are always done by phone.
You should attend the hearing in case you didn't apprise me of what may actually be your good cause for fulfilling your burden of proof.
It is upon the moving party to prove good cause for moving. And in your case you have a problem as far as I can see because you did quit. This despite the fact the employer wanted you to go out on FMLA (This is what good employers do to comply with the law that protects many employees jobs when illness becomes an issue.) But, it sounds like you got a little testy when you refused the employer's offer of FML, a reasonable alternative to an employee desirous of preserving their job.
I don't expect an answer, but I'll ask anyway .. when I don't sound like a sympathetic pushover.
What did this mean?
"SHE COULD NOT BELIEVE I WAS SERIOUS AND IT HAD COME TO THIS. I TOLD HER AT MY LUNCH TIME I WOULD GO TO GYM IN OUR BLDG. AND HAVE THE GIRL TAKE MY B/PRESSURE."
Frankly, I have no trouble believing what people do and I fight my cynicism everyday because I just want to live out the rest of my days as an optimist. However, it is what opened the door wide on my cynicism about the motives for you quitting and now, asking me a question.
The burden of quitting always places the burden at the employees feet and at a hearing, even when initially allowed benefits.
If a person cannot SUSTAIN the burden and prove they exhausted all reasonable alternatives to preserve the employment before they quit, thereby shifting the burden back to the employer's unreasonable choices in the "chess game" .. you're doomed.
In my mind, you did quite the opposite of what I would of done .. if unemployment benefits had entered my mind as a possibility to carry me through without a job. And trust me, it would have.
But even to me, an employee biased advocate, it sounds like you were just looking for a way out of that job .. or maybe Colorado.
Or, is the employer's appeal questioning whether you are able and available to accept any job whatsoever?