Termed in NJ while on medical absence UI appeal shows misconduct??
by Involuntarily moving on~
Upon finishing my entry i must start by apologizing in advance for the length but please read!
This site has already made me feel more prepared for my employer's appeal but would like more guidance.
I worked in a corporation for 10yrs with nothing but praise and promotions to my last position as mid level base manager for a large company 3500k employees all over the world. Obviously their legal dept has the advantage and I can't afford a lawyer.
I have always been in good standing, not one coaching doc ever. In Dec 2010 I fell at home and broke my lower leg in two places. I immediately notified my GM and HR office and was placed on FMLA for 12wks until it expired and apparently I was placed on a personal leave so they could continue to pay out my earned sick time. After a long and painful healing process I was seen by my doctor who agreed that after a few more therapy sessions I would be cleared to work after a follow up scheduled for June 22, 2011. During my absence I continued to provide updated doctors noted to cover my absence and maintained communication with my HR manager. On June 3rd I called my HR manager to discuss my upcoming return to work date 6/22 and asked renewing my ID badge requirements so that there is no further delay in my return. She advised me to wait until I return to take care of that. She also asked me to fax the updated note covering me until 6/22. My sick time had run out a week prior so I asked about applying for the STD that I contribute to and she advised that it takes a while to go through but if I waited until I return to work then she could assist in filing for the 4 wks I would have been unpaid. I agreed and asked her to call me the following week if any appointments opened up for fingerprints so I can renew my badge and she agreed.
On 6/5 I received a letter from my corporate HR dept which sounded generic, stating that as of right now my paid leave and FMLA have expired and I was on an unpaid status. It stated that "if the HR mgr does not hear from you by June 13th,2011 I will assume you have abandoned your position and your employment will be terminated." Upon receiving this letter, I was confused because I just had an in depth conversation about returning to work 2 days ago. At this point I realized I had not yet faxed my updated note so I immediately did so and kept a copy of the confirmation. On 6/13 I received a call from my HR manager asking me to return my keys, laptop and cell. Confused, I asked why would I do that if I'm returning to work next week? She then said that I should have received a letter in the mail and that faxing a note was not acceptable communication and
that I have been terminated for job abandonment. I stated my case and she advised I contact the director of HR as this was her decision. I did so and she agreed that this was not a case of job abandonment but I was terminated for "unable to return to work" because the company rules do not allow an inscribe employee to remain on the boils for more than 6 months and she was trying to clean up the system. I understood her reasoning but now I received an appeal letter stating I was terminated for misconduct, severe misconduct, and voluntary leaving.
I have the original letter and my doctors notes but what else should I be expected to provide? To me this is clear cut and I am baffled as to the misconduct accusations so I have no idea how to prepare a rebuttal. I read in a previous article that in CA you can request to see your Case file, is the same true for NJ? Upon reading the def for severe misconduct, the only thing I can remotely assume to be associated is destruction/theft of company property. Upon hearing if my dismissal, I was not eager to go out of my way to drop off the laptop and cell so they were returned a week later but in full working order. That's the only think I can think of bc I did receive a call every day for a week with the HR mgr stalking me to return the items. Please give me some advice, maybe I'm missing something bc clearly unemployment has approved their right to an appeal.
Clearly, you were coded out of the system incorrectly by the employer. At Least, that is my guess.
Have you checked the SSN?
Hard to believe, but sometimes that's what screws everything up.
I expect you to be okay.
You have the fax transmittals proving you notified the employer countless times and you have your testimony about a conversation with the employer on 6/3 .. now, tell me what the date at the top of the letter is you received on 6/5?
Don't let this rattle you ..
It could be that your "huge" former employer uses a CCC .. maybe even talx which seems to have a stronghold in NJ.
Guess how they respond to claims for some very big employers .. nevermind, I'll tell you.
They are plugged into the employer payroll data system of many companies. They enter .. find the termination code and respond.
If the code was .. DCVR .. the response reads something along the lines of "Claimant was discharged for violating a known rule of the employer."
There response was so far off base from what might be a serious attempt (vqja, job abandonment) to screw with you .. it's become an absurd and ridiculous appeal.
But even if the company responded themselves .. the same thing could have happened .. It's sad to say, but after ten years of employment .. you're now, only a SSN in their data base of former employees.