Unemployment Filiing

[Angelwiingz]

What is the name of your state (only U.S. law)? Oklahoma

First off, my roommate has a mental disability and cannot drive. He worked at a fast food restaurant for 7 months, no benefits or insurance, where he was treated like crap ( he was fired on one occasion and I called the Corp. Office and he was reinstated). He had a previous knee injury from another job and the manager at this job knew about it.

He called into work one day explained to the manager that his knee was swelled and hurting and that he would not be in to work that day (he had to walk back and forth to work). The manager first told him that was fine. He called back the next day to verify his hours and was told that he could not come back to work unless he had a doctors note. He explained to the manager that it was just an old injury and would occassionaly swell and hurt and that he could not afford a trip to the ER just for a DR. note. The manager told him that he did not care and that he was required to have a DR. note to return.

A few days later my roommate called back to his job and requested that he could go back to work. The manager told him no and that he needed to bring in his uniform in order to receive his last paycheck.

It has been a few months and he has been unable to find a job so he filed for unemployment. The unemployment office has contacted him twice and told him that the manager at his previous job stated that he quit, telling him that he was moving as a reason for quitting.

My question is, is there a way to dispute what the employer is saying as he is providing false information to the unemployment office??

 

[mlane58]

All your roomate has to do is tell the truth and the burden is up to the employer to prove that he quit.

 

[Beth3]

Agreed. However it's possible that what the employer's position is is that by refusing to bring in a doctor's note stating it was ok for him to return to work, he effectively resigned his position. That's not an unreasonable stance to take nor is it untruthful. The issue is whether the UC division will see it the same way.

 

[commentator]

commentator

First of all, he should have filed immediately as soon as he was told he was terminated. Waiting to try to find another job isn't considered virtuous. You look for the other job after you have filed for benefits.

Anyhow, he has filed, and the employer has been contacted. Now, it is up to this former employee to provide the information asked for by the unemployment office. If they've said he quit to move, that's good, because that's completely different from the story he tells, and since he hasn't moved, it looks pretty strongly as if they're not telling the truth. Is there any way to prove...yes, the unemployment office is doing their proofs, giving him the opportunity to tell his side of the story. His word will have as much weight as what they say.

If they had said he was fired for failing to bring in the doctor's statement they had requested, he's very likely to be denied benefits. Any time one is taking a sick day, the employer has the right to require a doctor's statement. Usually companies have absence policies requiring call in before shift, and after so many absences, a doctor's note can be required, but as I said, if they aren't going this route, instead saying he quit to take another job...so much the better, he might win on this one, since it is a false statement.

He does need to be making his weekly certifications for benefits, or he will get nothing, even if approved. He will probably be denied initially, and then will have an appeal hearing at which he will present the same detail. The company may or may not chose to be present for this appeal. If they do not come, so much the better, though it does not mean he wins automatically. A note from his regular physician mentioning his condition and how he will have periodic episodes of swelling and pain with use couldn't hurt the appeal any if he were able to get such a note.

Just because your friend is in some way challenged, or because he is trying very hard and is very deserving does not mean he can't be fired for absenteeism, or that his unemployment claim will be approved based on his worthiness. They are very cut and dried, and will go strictly by the information and documentation that is presented to them by both parties and will apply it to the unemployment statutes.

Your friend should be very careful not to restrict himself on job availablility, as in "must not have a job that requires a lot of standing or moving" He must be fully able for work again at this time to be eligible for benefits.