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terminated and denied unemployment insurance

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renatm

Junior Member
What is the name of your state? California
I was away from my job for more than 12 months with gastro and stress problems. my doctors put me out on leave may 04 and i submitted documentation from my doctors each month to notify of my status. i filed for STD but it was denied. I appealed and it was denied again. i figured they deny everything and see who pursues the process. i let it go.

in may 05 i received a termination letter from the company that states i was absent from my job for 12 months therefore am separated from employment. i applied for unemployment insurance and the company is fighting it, saying i voluntarily left my position. now we have a hearing with a judge tomorrow to decide if i get unemployment insurance. I read the sum**** that states 12 months of absense is reasons for separation from employment, but is it legal to deny unemployment insurance once that separation occurs? there is nothing in the documentation that supports that? any advise would be helpful. the hearing is tuesday (tomorrow). thx.
 


seniorjudge

Senior Member
renatm said:
What is the name of your state? California
I was away from my job for more than 12 months with gastro and stress problems. my doctors put me out on leave may 04 and i submitted documentation from my doctors each month to notify of my status. i filed for STD but it was denied. I appealed and it was denied again. i figured they deny everything and see who pursues the process. i let it go.

in may 05 i received a termination letter from the company that states i was absent from my job for 12 months therefore am separated from employment. i applied for unemployment insurance and the company is fighting it, saying i voluntarily left my position. now we have a hearing with a judge tomorrow to decide if i get unemployment insurance. I read the sum**** that states 12 months of absense is reasons for separation from employment, but is it legal to deny unemployment insurance once that separation occurs? there is nothing in the documentation that supports that? any advise would be helpful. the hearing is tuesday (tomorrow). thx.

Q: I read the sum**** that states 12 months of absense is reasons for separation from employment, but is it legal to deny unemployment insurance once that separation occurs?

A: Yes, it is legal. If you voluntarily quit, you do not get unemployment compensation.
 

renatm

Junior Member
is being off work on doctor's orders considered a voluntary quit?

i understand the period of time was long but the decision to terminate was their's not mine. i intended to return to work upon doctor's approval.
 

Beth3

Senior Member
Your employer can call it a voluntary quit if they wish to. What the State will call it is up to the State.

The bad news is that even if the State decides you are eligible for benefits you may not receive any because you haven't worked in the past year. There are minimum requirements for the number of weeks worked and the amount of wages earned in the prior year for a claimant to be eligible.
 

renatm

Junior Member
thank you for your responses. it really does help to get info before entering a stressful situation. as a follow up..... i showed up for the hearing, my employer did not. they actually hired an outside agency to handle the case but they did not appear either. the judge obviously favored my side of the case. as to the amount of benefits, it will be minimal since i have been on leave for some time, but anything helps at this point.
 

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