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Unique unemployment situation you name it as you see fit

by confused and broke
(New Jersey)

I was out on medical leave from my company. My leave ended on 5-21-11. I was instructed by my HR Representative, a month’s prior to return that I would still have my job but more than likely it would be in a different branch. I was also given the same assurance from HR assistant in writing about “making sure I am placed when I am well and healthy.”

Upon my being able to return to work from medical leave May 22 I followed proper company procedure as instructed to me. A week prior to return I called my HR rep. I called on Monday a week prior. I did not receive a call back so I called again on Tuesday afternoon and left a message. Then I called the main number on Wed. to see if that person was, still employed there or was on vacation. I was told they were still there. So I called back and asked to be transferred to someone in that office. I explained my situation and they said they would “relay” the information to my HR Rep. Again no return call. After 4 days of trying at 421pm Thursday I finally talked to my HR rep. I was told that it was handed over to an HR recruiter and they should have contacted me. I informed my Rep that I did not receive any call. She said she would take care of it. I did not receive a call as of Wed morning 5-25-11 at 11:30 am so to be safe I opened an unemployment claim. I was available for work as of 5/22/2011.

Fact I am still an employee. I have not been terminated. But for the weeks of:
May 22nd – May 28th
May 29th – June 4th
June 5th – June 11th
June 12th – June 18th
to July 14th
I have not yet been placed or received any money of any kind (PTO-Vacation days). My income was zero.

I was denied unemployment from first call. Here's where problem may be...

The confusion may have come in my interview when I inquired about taking a 20 hour position at Bank. I asked if I take a 20 hour position will I be able to collect partial unemployment until I receive more hours? My thinking was at least I am back at a branch and my hours would eventually go back to normal. At the time of my phone interview had I been terminated by Bank I would have been actively seeking full time employment. But I was under the belief that I would be placed by my Rep. I hope you understand the “Limbo status” I am in. I am not working and I am not terminated.

I have gone almost 2 month's with no pay. My appeal is Thursday. I still work for same company, less hours until more are found for me. Any thoughts to this appeal? Or this situation? Has to be somewhat unique.

Here's topics for appeal from their letter.
Availability (well I was cleared to go back May 22)
Ability (again cleared)
Active search for work ( I started looking but honestly wanted to remain with company...and I am)

Anyone's thoughts or experiences?


Hope that hearing went well .. it should have if I deciphered what you said correctly. And since you could prove you remained in contact with the employer .. I wouldn't think showing up for the hearing would be in their best interest.

And it's not a unique situation .. it's common practice to not return people to work after they exhaust the limits of a federally mandated medical leave .. usually called FMLA leave.


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