What is the name of your state (only U.S. law)? Arkansas.
Hello, I am asking for help with a determination appeal by phone for next week. I have copies of the determination and will post anything off them, no addresses etc. of course,just ask. At little background-- David and Laura are the owners/employers, Kim is the cook/kitchen manager. I was hired in 8/2009 due to Kim going on maternity leave sometime in October/November and they needed a cook until she came back from having the baby. After she came back, I was to share cooking duties with her. I did some non-hourly(contract?) work for the restaurant in December 2009, which I still have to be paid in full. We had insurance through ARHealthNetworks but I am no longer on the plan due to my hours being reduced
In early January of this year, I slipped on ice and fell, re-aggravating an old injury(non-work related)to my shoulder. I didn't seek medical attention. I called my employer and told him I couldn't make it in and he was fine with that. He called and left a phone message later that day saying he had my schedule covered for the rest of the week. David and I kept in touch and I ended up taking about 2 1/2 weeks off to mend. I did go in during that time and worked a partial shift but wasn't fully healed. David and I met at the restaurant at the last week of January and discussed my coming back to work. At that meeting he said that he was thinking of letting me go right then and there. I assured him I was back to 100% and wanted to keep my job. I was put back on the schedule starting the first week of February.
I went in on 2/2 and at 1:00 was told by Kim that it was slow and to go ahead and leave. I went out to where David and Laura sat and told them Kim was sending me home. They said okay, I signed out and left. Later that day I got another phone message from David stating that he didn't want me there the next day and not to come back to work until I was ready. I don't know if Kim told him I wanted to go or if David is trying to pull a fast one here but me leaving work was NOT my idea nor were there any issues with my shoulder that day or any since. I wasn't placed on the schedule for the week 2/8 so I applied for part-time unemployment on 2/10. The week of 2/15, I went to the restaurant to give Laura the bill for the non-hourly work done in December and she asked me how I was doing. I told her I was fine and was ready work for them anytime they wanted. I still haven't been back.
I did some contract work in the first couple of weeks in March for a company that re-modularized sections in a local hardware store. I put those hours down on my weekly claims so I believe I have advised DWS that I am able and available for work.
I know I didn't do a very good job of explaining this on the determination. I am asking if there is a reasonable chance to reversing the decision? What do I need to expect during the hearing? Is there any information I need to get/subpoenaed to help? Please ask away if you have any questions and thanks for any help you can give.
Hello, I am asking for help with a determination appeal by phone for next week. I have copies of the determination and will post anything off them, no addresses etc. of course,just ask. At little background-- David and Laura are the owners/employers, Kim is the cook/kitchen manager. I was hired in 8/2009 due to Kim going on maternity leave sometime in October/November and they needed a cook until she came back from having the baby. After she came back, I was to share cooking duties with her. I did some non-hourly(contract?) work for the restaurant in December 2009, which I still have to be paid in full. We had insurance through ARHealthNetworks but I am no longer on the plan due to my hours being reduced
Finding of facts Due to personal disabling injury you were not able to perform suitable work. You are ineligible for benefits for the time period shown below and continuing until this condition no longer exists. Please advise your DWS office when this condition no longer limits your availability for suitable work.
LAW: ACA 11-10-507(3)(A)provides that an insured worker must be unemployed, physically and mentally able to perform suitable work, and available for such work. The law further specifies that the mere registration and reporting at a local employment office shall not be conclusive evidence of ability to work, availability for work or willingness to accept work unless the claimant is doing those things which a reasonably prudent individual would be expected to do to secure work. In determining suitable work under this section and for refusing to apply for or accept suitable work under 11-10-515, part time work shall be considered suitable work unless the majority of work in the period used to determine monetary eligibility is from full time work.
In early January of this year, I slipped on ice and fell, re-aggravating an old injury(non-work related)to my shoulder. I didn't seek medical attention. I called my employer and told him I couldn't make it in and he was fine with that. He called and left a phone message later that day saying he had my schedule covered for the rest of the week. David and I kept in touch and I ended up taking about 2 1/2 weeks off to mend. I did go in during that time and worked a partial shift but wasn't fully healed. David and I met at the restaurant at the last week of January and discussed my coming back to work. At that meeting he said that he was thinking of letting me go right then and there. I assured him I was back to 100% and wanted to keep my job. I was put back on the schedule starting the first week of February.
I went in on 2/2 and at 1:00 was told by Kim that it was slow and to go ahead and leave. I went out to where David and Laura sat and told them Kim was sending me home. They said okay, I signed out and left. Later that day I got another phone message from David stating that he didn't want me there the next day and not to come back to work until I was ready. I don't know if Kim told him I wanted to go or if David is trying to pull a fast one here but me leaving work was NOT my idea nor were there any issues with my shoulder that day or any since. I wasn't placed on the schedule for the week 2/8 so I applied for part-time unemployment on 2/10. The week of 2/15, I went to the restaurant to give Laura the bill for the non-hourly work done in December and she asked me how I was doing. I told her I was fine and was ready work for them anytime they wanted. I still haven't been back.
I did some contract work in the first couple of weeks in March for a company that re-modularized sections in a local hardware store. I put those hours down on my weekly claims so I believe I have advised DWS that I am able and available for work.
I know I didn't do a very good job of explaining this on the determination. I am asking if there is a reasonable chance to reversing the decision? What do I need to expect during the hearing? Is there any information I need to get/subpoenaed to help? Please ask away if you have any questions and thanks for any help you can give.