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Unemployment appeals

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rollt92

Junior Member
Tennessee:
I had a injury at work,I was on workman's comp for about 5 months the Dr released me with restrictions saying I could not do my previous job.I am deaf in my right ear and only have 25% hearing in my left ear.My employers offered me a job requiring me to answer the phone and talk to people on intercoms.I told them I could not do this they said bring in a resignation letter I did explaining why I was quitting they accepted it without even talking to me.I was turned down from unemployment saying I quit for personal reasons.I have a letter from my Dr saying I could not physically done the job in question,and how long before I hear from someone after filing my appeal .
 


commentator

Senior Member
It sounds as though you were pushed into quitting. It also sounds like in a round about way, your job was terminated for a reason related to your worker's comp case. What were the restrictions the doctor put on you related to your on the job injury? I suspect it didn't have anything to do with your hearing, right? If the injury or condition that caused your worker's comp case was hearing related, I'm truly amazed.

If they tried to give you a job where you were supposed to answer the phone, and you had clearly told them that you had these hearing restrictions, then you should have taken the job, tried your best to do it, and insisted they fire you for not being able to do it as they wanted it done. Resigning is never a good idea, as then it is seen as YOUR choice, not theirs. Of course they won't talk to you after you have done what they wanted and resigned. They are very happy with you! They know that unemployment usually denies claims when the person has resigned. What you have to say in appeal is that you had an excellent JOB RELATED reason to resign, and you were told that if you did not want to do this job you knew you could not do, you were told to give them a letter of resignation.

But anyhow, in the meantime, be certifying each week for your unemployment benefits, even though you have been denied. If you win your appeal, you will be able to be back paid for each week you are filing for. You also need to call Worker's Comp, (615-532-4812) and talk to someone about the situation and the reason you were fired. Ask what you need to do if you believe you were fired unjustly. Do you have a worker's comp case worker you can talk to about this situation? You may have a dandy case here, depending on a few more circumstances and details we do not have. Were you given any sort of settlement? Have you reached your MMI? It probably wasn't a good for them to force you to resign or fire you before this worker's comp case has been settled, if it hasn't.

Anyhow, you should hear very soon about an appeal date. You need to ask for an in person appeal, for sure. After all, your hearing impairment may cause problems with a telephone hearing anyhow. What you should do is take all your doctor's letters in, take in the worker's comp stuff, and explain what had happened exactly what you were told and why you wrote the letter of resignation. In fact, you might really truly consider getting an attorney. I think you have enough of an issue, between worker's comp and unemployment insurance that you may need some help. Legal services will be willing to help you with the hearing for your unemployment if you qualify.
 
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rollt92

Junior Member
Unemployment Appeal

My MMI ratings was 25%,I had a on the job knee injury requiring surgery.I was a Police Officer and the restriction were No inmate contact,no kneeing,Squatting or running.They have not settled my workman comp case yet I have noy been payed since may they stopped paying me when the Dr released me but they did not offer the job untill a month later and I have a Comp.Lawyer but not one for unemployment.
 

commentator

Senior Member
You should hear from your appeal for unemployment within two to three weeks. If you do get something, and they have scheduled you for a phone hearing, call them and request an in person hearing, is my best advice in your particular situation. (615)741-2736. Otherwise, they may say, "Can't use the phone, huh? Well, how are you using the phone now?"

Keep on making your weekly certifications for benefits until you have this hearing. If you have stopped, call in again and get your claim reopened. This is the only way you would be backpayed for all these weeks if you win your appeal.

You were denied because you gave these people a nice letter of resignation. What you are going to have to do in the appeal is give the referee the whole story. Why you were FORCED to resign. You did some unwise things in this situation. If you had your worker's comp attorney at this time, I cannot imagine why he would have let you do what you did, resign from your job with an unsettled claim, having been released to light duty and offered a job that was unsuitable for you due to a physical limitation you have.

Okay, you were released to light duty, and you notified your employer. They waited a while, and then offered you the receptionist job. At this point, you must answer some very important questions during your unemployment hearing. First, did anyone, even just your supervisor have any idea that you were hearing impaired? Did you wear hearing aids? Have you told anyone on that job you cannot hear well, that you are deaf on one side and limited on the other? We're trying to show that they offered you a job they strongly suspected you would refuse to do, see?

When whoever it was offered you the job, you said, "But I can't do that!" and he hung up on you, right? Or said,"That's tough! We'll have your letter of resignation, then!" and then hung up on you. In other words, he would not discuss your situation with you. Did you make any other effort to contact anyone, talk to your employers, talk to your attorney, the county executive...about the fact that this was a really mean thing to do to you? In other words, what did you try to do to resolve the situation before resigning.

Did you write your own letter of resignation? Did you indicate to them that you were very open to doing other light duty jobs, that it was this particular job you could not do? And by the way, mention that you have a doctor's statement saying that you cannot do this job. I wonder at which point you got the statement, but anyhow, you certainly want to get it presented at the unemployment hearing.

All they have to say is, "See, he resigned. We have his letter!" But your case is going to be that you would not otherwise have left, that you wanted to keep working at your job, that you were forced to resign by being offered a very unsuitable job (based on your impairment) when you had been released to light duty while filing a worker's comp case. You need to say that you feel the whole incident was a retaliation against you for the worker's comp situation, and that you made every effort to keep your job.

That said, you should hear about two weeks after your appeals hearing. As for the worker's comp case, keep pursuing it. If I was paying this attorney, I'd be bugging him to get 'er done, help me all he could.

By the way, at no time, during your unemployment process, should you ever indicate that you cannot do anything in terms of job duties, other than the restrictions put on you by the doctor, the original light duty restrictions. Otherwise, say that you are able and available for full time work. Don't even say, "I can't use the phone!" (though you have the doctor's note for that) Say "I'd be willing to take a shot at it if the employer things I'm qualified and wants to hire me!"
 
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rollt92

Junior Member
Unemployment Appeals

When I was offered the job the person said we will talk about it when you bring in your letter of resignation.When I went for the appointment the secretary toke the letter in the back and came back and said thank you you can go no one would even discuss any other job.Every one there knew I was hearing impaired ever since I worked there I did not carry a radio because I could not hear it.I told the person who offered me the job there were a bunch of other jobs I could do with my hearing problem that's when he said to write the letter and we would talk about it when I brought it in.I did not have an Attorney at this time I could not believe they would do something like this I just wanted to get my knee fixed and go back to work.
 

commentator

Senior Member
Well, you certainly ended up getting the shaft here. When the ole pocketbook comes into play and they think they are going to have to give you a little something extra, employers will behave in really low down ways.

You need to really bring this out in your unemployment appeal, which is why I asked if your attorney could help you in any way or represent you. Is there anyone you can have testify at this hearing that management was very aware of your hearing loss?

You need to make good notes of exactly what you were told when they offered you the new job. The date time and place this happened. When you turned in your release from the doctor to light duty. And exactly what was said, by whom, and what was said in your letter of resignation. You will have to explain to the appeals referee why, if you wanted to get back on the job and get back to work, you agreed to write a letter of resignation. Emphasize that this was the only choice you were given, and that the guy who told you this indicated he might give you some other options when you did bring the letter back.

Stress that you did not want to give up your job. Stress that you told them there were lots of other jobs you could do with your restrictions and that you were very willing to do these jobs. Stress that they knew you had a hearing difficulty.

Please let us know how it comes out on this appeal. Good luck to you.
 
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