denied unemployment

[kerrimac]

What is the name of your state?Connecticut :
My husband was terminated after 18 years of service. He was a printer. He started having hand tremors, passing out and some other stuff. Most symptoms have gone away and he has not passed in 2 months. He has a medical condition and was terminated for willful misconduct. We have proof that all papers were file with his employer on time. He was terminated about 8 months into illness. Once he received a medical clearance to go to work he filed for unemployment and started looking for work. He was denied unemployment and then during the appeal time he had a relapse and did not file his appeal. When he relapsed he was mostly bedridden due to passing out, severe headache, hand tremors and vomiting when he would stand. He has now been released again to return to work and filed an appeal. He has been denied an appeal based on time lapse. Really with everything going on we kind of forgot about filing the appeal withing the time limit. He is going to file the next step. Has anyone dealt with this step or had any success?

 

[Beth3]

"He has a medical condition and was terminated for willful misconduct" You need to explain what the willful misconduct was. You've thoroughly covered his medical problems but they may not be at all relevant. Any misconduct he engaged in is however.

 

[kerrimac]

His wilfull misconduct they claimed was that he did not keep the employer updated on his medical condition. His doctors filed and I have copies of each update that was filed. The company claims they did not get any updates. Besides having a copy of each form filed by the DR. I have the fax confirmation sheets that confirm a successful transmission to the correct number to the company. When he was originally terminated the employer stated it was due to the end of FMLA. Wilfull misconduct was not mentioned until he filed for unemployement.

 

[Beth3]

Your husband's next step is to appeal the denial of the appeal and file for a hearing. This will be a matter between your husband and the State, not his ex-employer. If he wishes to pursue his claim for UC benefits, he MUST get a ruling in his favor from the State to proceed with his UC claim against the employer.

Your husband's only possibly strategy at this hearing will be to show sufficient documentation and medical evidence to prove that he was too ill and incapcitated to file the original appeal timely. I don't have nearly enough of the facts to even venture a guess whether he will prevail however.