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Waiting for Appeal Hearing

by T. L.
(Kentucky )

I would like to know if I have a legimate umemployment case. I have filed an appeal and my hearing is scheduled for October 25, 2012. I am 56 years old and I have developed COPD, Chronic Broncatis, and infazema. I have worked for this company for 1 year and a half. The Doctor did release me to go back to work doing what I did at the company before. I called and set up an appointment to talk to the General Manager about me coming back to work and I could perform the duties of the job that I did before. He informed me that I would have to go to another Department and that I could be replaced in this Department easier than the one I was in at the time of my illness. He really did not want to talk to me at all. He said that it was not personal and that I could have no limitations in the performance of my duties. This new position is a lot more strenous work that I just cannot do so I applied for unemployment. They are saying that I was on a Leave of Absense but this is incorrect. They also said that the company had tried to contact me but the only call that I got was the Department Cordinator of my Department and this person did not really have anything to do with it. Do I have a case and should I have my wife be as a witness in the case? She also works for this same company in another city.

Thank you for your help.

T. L.

Were you on an FMLA leave before you were released back to work?

And when they did offer you the new position .. did you try it .. or go back to your doctor to discuss whether he/she thought you were medically capable of doing the job?

Sounds to me like you voluntarily quit .. but because of FMLA guidelines .. I really do think it's important to know if that's the type of leave you had been on.

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