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by I'm a Lost Angel
(USA )

Ok here's my question ? My first determination said I was denied because of attendance, but I only worked their 3 months, they got rid of me before that 4 month mark(what a joke) I had three separate absences on 3 separate occasions. I gave them plenty of notice and was "sick" under the Americans with disabilities act.

I do not have to inform my employer of my medical condition, that's my right, but I'll tell you, I have mental illness and am on psychiatric medications, which have been switched consistently over the last year and a half, which have caused adverse reactions, even sending me to the ER. I sent that bill to the person who is reviewing my redetermination, along with what I'm telling you... ps..I would not sign my letter of termination from this employer b/c I did not agree with what she was firing me for. I also told the examiner that in my statement to unemployment..hope that helped

So anyway, My first determination said misconduct due to attendance..benefits denied (disqualified) anyway, they work on a point system which I don't think is fair b/c they do not consider the reason why you called in, I only had three points ( 1 for each abscence) and was fired...

Now here comes another question, so I was assigned to another unemployment reviewer for a second look at my case and a redetermination, everyday she asked me for more info like statements of my side of the story, and second to last employer and reason for separation from them, I worked for them (a staffing agency which finds work for me and I go) It was not a contract, I never signed a contract to work at this place for x amount of weeks, I would just tell them my availabilty and either the place I was assigned would cancel me which was frequent, or I would confirm and go) I meet all monetary eligibility BTW)

So does working for an agency qualify me for UI? if i was fired from my last place I worked for them for attendance or cancelling my "supposed shifts" which were not yet confirmed.. I gave hours sometimes a day notice if I was cancelling that shift..and it was b/c I was sick, I called off 7 shifts in 11 months, I feel, they weren't confirmed shifts so it shouldn't be treated the same as a full-time employer where your guaranteeing them x amount of hours per I worked for the same place they had assigned me at for about 11 months and was fired for the same reason attendance,I was told by my agency that the place I was assigned to "fired",b/c they have strict rules for agency staff regarding cancelling their assigned shifts) but my agency new I was going through alot, I didn't tell them I was mentally ill, but they knew that I had personal and emotional problems, and were more understanding, and said " we know you have no control of what's going on in your life right now, but we need to separate aka fire you from your assignment." and no further work was offered to me from my agency to me, mostly because the other places they contracted with either don't need agency people, but mainly because the
agency feels I don't have enough skills to go to other areas they have contracts with.

Wow that was alot but, I need to give you a bg before my most important questions?


I need to know what exactly happens in the redermination process?

now correct me please if I'm wrong,I tried to look up online as much info as possible but there's not much to go I believe my case is being reviewed by an adjudicator for unemployment well in my state anyway, however with a redtermination you have a knew person reviewing your case and you can add info in more detail then you can on your first phone call determination..that was a joke too, b/c it lasted all of 5 minutes and the decision was already made, denied...well that's why I think...

So now I'm in redetermination phase and it is moving fast, the new adjunctor asked me to fax alot of info, I don't know if thats good or bad...and I sent her info she asked that same day, I was very timely,so I faxed info Friday, Monday, and Tuesday , now it's Wednesday phone stopped ringing from her, she didn't request anymore information..

I explained to her in depth my side of the story with a three page letter i wrote and signed, then faxed to her, explaining what I have explained to you, that I am Mentally ill, I was seen by several different psychiatrist over
the last year and a half or so, and they had changed my medications so many times, took away meds whuch made me go to the ER and made me disfunctional at times due to adverse reactions,I had no other choice but to call in to those two last employers, I explained to her I did not commit misconduct or willfully hurt my employer intentionally, but that I was truly sick, I have rights not to give out my mental history to my employer, and I didn't know if I should elaborate on my first phone interview to privacy rights and HIPPA laws, I didn't want my past and soon to be present employers to know, in fear it hinders my future employment, but I let it all out to this adjudicator in the statements I sent, it's all true I have medical records to prove it,I also said since I found my new psychiatrist he put me on new medications, and some old ones, and this combination is working, I am blessed b/c I found this great doctor and feel alot better then I have in the last year and a half,the new medicine took awhile to work, but it has now, and I feel better and I reiterated i am willing able and searching for work, the economy is so hard right now, and no jobs have called me back, I am in such desperate need for unemployment, I do not want SSI b/c i want to work in the near future, and I do not qualify for anything else like medicare..b/c i have no kids, and no husband. I will be evicted pretty soon and my car repossesed if I do not get a reverse determination in my favor..


it says my claim was filed on such date */*/* reason: discharge
hearing date: N/A (whatever that means) IF AYONE KNOWS PLEASE TELL ME..
action taken: is blank

sorry for a long statement but this is taking a toll on my mental and emotional wellbeing, I can't believe I am going through this, but I believe I had justified reasons for attendance, I never committed gross misconduct..or have I ever been approved for unemployment in any other state in my many years of working....

So my question is: What due you think my chances are of getting it approved in my favor the second time around?

How long due you think she will make her decision??

** She told me all paperwork had to be submitted no longer the Wednesday** which I did , So will she make her decision sometime this week???

Do I have to call her directly?? should I ??

she never mentioned a telephone interview with her, just statements and info which I faxed over, and told honestly..

Also will she base her decision from both employers I worked for in the last year?

or only the employer I was denied by???

basically it all ties into one big ball, I was and will always be mentally ill, but my illness was not controlled, as it is now, I found the right doctor and right kind of medication combination to stabilize me and make me more functional, without all the unwanted side effects..

She never asked me to get medical records..I could if I have too..but she didn't ask...I named all my doctors and my diagnosis to her as well..I was trying so hard to correct my illness, I went to emergency appointments to my psychiatrist, the ER, and followed any directions the doctors gave me..I as of today am feeling better..I'm grateful for that..but I believe i deserve unemployment, the situation was "out of my hands and was for a good cause to appeal."

I hope the second time around she sees it that way...I pray so much, and I am in such despair, I do not want to loose everything I worked so hard to get..I have no support systems to lean on for financial help, and I do want to and am searching for jobs with no call backs..

so that leaves me in limbo..

What do you think of my case and chances of having the original appeal overturned??

Any help, will be so appreciated..b/c I'm lost and confused..

I want to know what is going ot happen next and when??
will this unemployment investigator make her decision based on my statement, or will I have to go to court??

the deadline to appeal on the letter from the other parties is in less then a couple days... so do I have to wait four more days to find out my fate???

Please HELP ME !!!!


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Dec 01, 2011
You need to focus in on your issue .. or you could end up self-disqualifying yourself
by: Chris - Unemployment-tips

Yes, you will have to wait until the re-determination is issued to know your fate.

However, to discuss certain portions of your story it would help to know which state you live in ..

You need to tighten up your focus .. I don't need to know about your condition or whether it's covered under the ADA. I need to know what you did inform your employer of .. that goes to showing your absences were beyond your control and that despite making your employer aware of the legitimacy for your need to be gone from work they fired you anyway.

Waaaaay too much information which clutters the path to finding that the employer will be unable to sustain their burden of the fault being yours. You need to show they fired you, but it wasn't for misconduct.

That's what the UI dept is trying to determine .. whether your discharge for attendance was caused by your negligence or willful misconduct, or if you made the employer quite aware the absences were beyond your control for your health reasons.

They are looking for specific information from you to rebut the claim of misconduct not excuses based upon your evocation of being protected by the ADA, but whether you proved that to the employer and additionally, if the employer followed their own rules and policies that you were made aware of at time of hire regarding attendance.

Yes, you don't have to disclose your condition to the employer, but anyone really concerned about keeping a job should provide something to the employer so they can make informed choices about whether to keep you on or not. Dr. notes .. an authoritative letter from your doctor saying you suffer from a condition covered by the ADA .. with maybe some restrictions or conditions that an employer can offer an accommodation for.

You've got rights .. we've all got rights, but do they really work in a workplace if you don't raise them for an employer to consider as well?

If you want me to explain why your last employment is being looked at .. I suspect it's because they are trying to determine whether it was a qualifying separation.

This is because of the purging requirements of some disqualifications. DQ's usually carry certain earning requirements in the subsequent job even if the separation is qualifying.

This is why the name of the state would be useful .. to get the exact DQ for the state.

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