Unemployment denial

[KYSassy]

What is the name of your state? Kentucky

Well, I was denied unemployment benefits. I have a permanent partial disability rating and permanent restrictions. I was displaced from a job that met my restrictions to one that doesn't meet any of them. I was sent home on March 3rd because they didn't seem to have any work available within my restrictions. I was told that I would have to leave because they didn't want to risk any liability. I was told that if the situation changed they would call me. They have sent my last two paychecks to me through the mail (not a usual practice unless terminated).

On March 5th, the manager that sent me home replied to an email I had sent him. His reply included a statement that he still could not let me come back to work for my sake and the company's. I would not be unemployed if they had not displaced me. I am appealing the UI denial. Shouldn't that email reply constitute the fact that they are not letting me come back to work? They appear to be trying to make this a medical situation instead of the disability situation that it is.

Any advice???

 

[Beth3]

On what basis did the UC adjudicator deny benefits? They must have mailed you a decision that included the reason.

 

[KYSassy]

It was based on my not being willing, able, or available to seek suitable work. I have been applying for jobs since the day I signed up for UI. Infact, I signed up for the state's employment service on the same day I filed. This is mandatory. I have yet to hear from my employer. They haven't called me to tell me if they have found suitable work for me or not. I was sent home with orders of not returning to work because they weren't sure what to do with me and, I was told that that when they figured something out they would call me.

I was emailed 2 days later and told that I still could not return to work for my sake and the company's. I have sent a very detailed appeal to the UI Appeal Board. My employer dropped the ball when he displaced me from a job that met my restrictions to one that doesn't. It appears that I was sent home because my permanent restrictions blew their minds. I am not off work because I can't work. I am off work because they wouldn't return me to my former acceptable job, nor would they terminate me based on poor performance. They put me on a job they figured an average office worker would refuse to do and quit. I didn't quit...now they are apparently avoiding me. The owner is notoriously against allowing UI benefits. I have watched co- workers be treated in a manner that provokes them to quit...just to avoid the UI issue. My situation seems to be a bit different than the average worker. I have a permanent disability that has caused me to completely change my occupation. I am not totally disabled but, I have some limitation to what is considered suitable employment.

 

[Beth3]

In my State, an employee with medical restrictions must be able to work a certain percent of available jobs in order to be eligible for UC benefits. (I forget the percent.) Assuming your State has a similar requirement, it could be that your restrictions are such that you don't qualify on that basis - you just aren't physically capable of performing enough jobs relative to your skill set. If that's the case, then the other circumstances would be irrelevant.

You might want to contact the UI office and ask for an explanation of their decision and see if what I'm guessing is indeed the case.

 

[KYSassy]

I received UI benefits for the same type situation in 2000. The limitations and restrictions were the same. I was working within my restricitons (for 2 years). He decided to displace me. I am and have been capable to work within my restrictions. His needs may have changed...but mine did not.

 

[Beth3]

I assume business conditions dictated that your employer could no longer accommodate your permanent restrictions. That happens and having been able to accommodate them for a period of time did not obligate the employer to do so forever.

Since you say you previously received UC benefits in similar circumstances several years ago, unless your State's law changed in the meantime, I'm at a loss to understand why you are not now eligible for benefits. For whatever reason, the State seems to believe you are not fulfilling your obligation to look for work.

 

[KYSassy]

They are basing the decision on what my employer has filled out on his form. He is insisting that I have an acute medical condition.
It is not an acute medical condition, it is documented permanent impairment that forced a complete change of occupation in 2000. The position I have held for 2 years was taken away because a lady who did the inside contact work for our top salesman needed a job. She is pregnant and they did not want to put her out on the floor as an order puller. This lady was hired after I was, so they can't claim senority as a factor. They were aware of my disability. I made no secret of it, nor did I flaunt it. When the question of my being slower than others came up, I took in a copy of my workers' comp settlement. I did this to show that I had a reason for my slowness. This happened in 2001. There had been no direct mention of my slowness until late February 2003. I can only assume, from recent events, that my present employer was hoping I would quit. I have not had a single call from my employer since 3/5/03. I was told that I could not come back to work until they called me. They haven't called me. I have been there once since being sent home on 3/3/03. That was to pick up my paycheck on 3/7/03. They appeared to be "walking on eggshells" when I walked in. I was finally told that my check had been mailed. This is not standard practice at our company... unless a person has been terminated. My employer has fought every single UI claim he has ever had. He has won most of them.
When he has lost his case, he acts like the state is a racket and can't believe they would award benefits to those who have won their appeals. I am telling you...my employer thinks he is above everything. When a situation comes up that he can't talk his way through, he is fined and left bewildered at the unfairness of it all.

For instance, one employee was hurt on the job in 2001. She was treated under workers' comp. He tried long and hard to get out of dealing with her. His reasoning was that she hadn't worked there long enough. She hurt her hand bad. He didn't want to accept the fact that it is not how long you work...but what happens while you work that determines workers' comp.

A person from the Division of Workers' Claim came to our location and, by the time it was over with, laid it on the line for him. Did he see the light??? No. He ranted on and on about the crazy system. The hurt worker did not get to come back to work. He instead hired someone else. All because of the workers' comp claim.

He drew up an inside sales agreement for our inside sales reps. It seemed terrible and a couple of reps called the labor board to ask if it was an acceptable contract. The labor board ruled that it was an illegal contract. He was forced to revamp it and has resented it ever since.

I realize that many things that are horrible in the work place are not necessarily illegal. However, there comes a time when a person has to stand up and say enough is enough. I guess that is what I am doing now.