Suspended indefinatly, and union not helping

[chillin]

What is the name of your state?kentucky
I used to work for a big grocery store, until I was suspended indefinately. Just because I got sick at work, due to medicine. The store was union, the union is draging there feet on everything with my situation. Im on step 3 now which they all have so many days and they are not really following procedures. I found out why they are suspended me indefintaely today, is because I asked them to go home and I was sick, there saying I walked off the job which is not true, I know they are trying to get me to quit, im not thought but, my questions are if they have certain amount of time on all of this and they seem to not going by the book on time with procedures can I make anything go faster? Also I tried to get unemployment and the store denied that because they are trying to say I quit which i didn't. They are trying to switch everything I say. What can I do about unemployment?

 

[cbg]

Contrary to what far too many people believe, your employer CANNOT deny your unemployment. All they can do is contest it, which is NOT the same thing. It will be up to the state to decide whether or not you will receive benefits.

The burden of proof will be on your employer to prove that you walked off the job, not on you to prove that you didn't. Relax.

 

[chillin]

Contrary to what far too many people believe, your employer CANNOT deny your unemployment. All they can do is contest it, which is NOT the same thing. It will be up to the state to decide whether or not you will receive benefits.

The burden of proof will be on your employer to prove that you walked off the job, not on you to prove that you didn't. Relax.

Thank you cbg, because I really dont know where I lie here. Im also filing for disability and if I have a lawsuit with the employer I dont know yet, due to the union not doing what they should and them suspended indefinately me for no reasons, I dont know if I should go with it because it might disrupt my disability. This is all too complicated. Some people are saying unemployment might hurt my disability case also...

 

[cbg]

"Some people are saying unemployment might hurt my disability case also"

I think they have this backwards, although I know what they're talking about.

In most if not all states, you must be able to work, available for work and actively looking for work in order to be eligible for unemployment. So if you are unable to work due to a disability (as evidenced by your receiving disability payments) you would not be eligible for unemployment.

 

[chillin]

"Some people are saying unemployment might hurt my disability case also"

I think they have this backwards, although I know what they're talking about.

In most if not all states, you must be able to work, available for work and actively looking for work in order to be eligible for unemployment. So if you are unable to work due to a disability (as evidenced by your receiving disability payments) you would not be eligible for unemployment.

I am filing for disability at the same time as unemployment due to being suspended indefinately due too being sick one day for going home and they are twisting things due to my disabilities also, they just want me fired. Also I tried to get unemployment while filing for disability, which they denied it but, I dont know if I should continue with the unemployment because it might hurt my case like you said for disability.

I have another question if I file agreviance and dont really want my job back and they give me back pay could that hurt my disabiltiy also?

I also have another question if I have a lawsuit on them how do I find a lawyer in kentucky or ohio that deals with union for employes, no one is really helpful, that deals with union that is...

Someone told me I should call HIPPA and let them know what they are doing. Would that be a waste of time?

 

[Beth3]

You can't argue that you are disabled from work and thus should be eligible for a disability benefit AND simultaneously claim unemployment benefits as you must be physically capable and available for work.

Frankly, I can't make any sense of your current situation. Are you trying to collect a disability benefit for the one day that you missed at work and now that you have been fired, are stating you ARE capable of working at the present and trying to collect unemployment benefits?

"Someone told me I should call HIPPA and let them know what they are doing. Would that be a waste of time?" Huh? HIPAA stands for Health Insurance Portability and Accountability Act. It's a law, not an agency you can contact. HIPAA regulations don't have anything to do with your situation.

If you want to find a lawyer, contact your State Bar Association and ask for referrals to employment law attornies in your area.

 

[chillin]

I am filing for disability at the same time as unemployment due to being suspended indefinately due too being sick one day for going home and they are twisting things due to my disabilities also, they just want me fired. Also I tried to get unemployment while filing for disability, which they denied it but, I dont know if I should continue with the unemployment because it might hurt my case like you said for disability.

I have another question if I file agreviance and dont really want my job back and they give me back pay could that hurt my disabiltiy also?

I also have another question if I have a lawsuit on them how do I find a lawyer in kentucky or ohio that deals with union for employes, no one is really helpful, that deals with union that is...

Someone told me I should call HIPPA and let them know what they are doing. Would that be a waste of time?

I was working at a store which is union, they wrote me up and suspend me indefinately, Ive been off since the 4th of last month, I finally was told by why I was wrote up was because I asked to go home after being there an hour and I was sick to my stomach due to my medicine, adderall. I was also filing disabiility also at the time, which they fired me. They are trying to fire me for no reason just for being sick and went home. I was with the company 4 years and now my health is a little worse but, dealing with the union that isnt cooperating and going by the rules in time with agreviance. What do I do next? If I file agreviance will that hurt my disability, because of the backpay? The company also hurt me in getting unemployment, they are saying I walked out, which is not true. Should I get a lawyer? Do I have a case on anything? Will any of this hurt my disability??? Where do i go from here?