Sinamenone
Member
What is the name of your state (only U.S. law)? PA
Good evening,
I went out on medical October 20. I phoned HR & they told me to call my employer's medical department & make my own appointment. The date I was given was January 24.
About the 2nd week of January, one supervisor phoned me so that I can pick my vacation days. I then told him I'll see him on January 25.
My employer informed me they sent me a Medical Directive in January via Certified & regular mail to see their physician January 20 & get cleared return to work. I never received either letter. They have a copy of the letter being signed from someone, but it was no one in my house who signed the letter.
On January 19, my employer's medical department phoned to change the time of the appointment I made. They never mentioned I had an appointment on January 20.
On January 21, I saw my personal physician who released me from his care & wrote a note stating I can return to work January 25. Also, on January 21, I phoned my department to tell them I would return on January 25. I was then told by my supervisor, that I was dropped from the role & had to talk to my union.
January 24, I received a registered or certified notice from the post office & I personally went to sign & get the letter stating I was dropped from the role. I also received the letter via regular mail on the same day.
I had a grievance & my manager & director showed me the receipt of a signature with my last name, but again no one in my house signed this certified letter, nor did I receive the letter via regular mail. They then brought up my work record & attendance & told me they didn't want me to return.
They've denied me unemployment & the denial letter stated I should've known about the medical directive. They base this on the fact that I signed a form for the department policy & procedures when I was hired back in May, 2006. Sure I read it at that time, but I don't recall anything about a medical directive. Also the signature that matches no one in my house was a deciding factor.
There seem to be mitigating circumstances here. Can I go to EEOC with this? I've never been in this situation before. I want to return to work, go to another department or be able to collect unemployment. I'm scared & confused & need advice. Thanks in advance.
Good evening,
I went out on medical October 20. I phoned HR & they told me to call my employer's medical department & make my own appointment. The date I was given was January 24.
About the 2nd week of January, one supervisor phoned me so that I can pick my vacation days. I then told him I'll see him on January 25.
My employer informed me they sent me a Medical Directive in January via Certified & regular mail to see their physician January 20 & get cleared return to work. I never received either letter. They have a copy of the letter being signed from someone, but it was no one in my house who signed the letter.
On January 19, my employer's medical department phoned to change the time of the appointment I made. They never mentioned I had an appointment on January 20.
On January 21, I saw my personal physician who released me from his care & wrote a note stating I can return to work January 25. Also, on January 21, I phoned my department to tell them I would return on January 25. I was then told by my supervisor, that I was dropped from the role & had to talk to my union.
January 24, I received a registered or certified notice from the post office & I personally went to sign & get the letter stating I was dropped from the role. I also received the letter via regular mail on the same day.
I had a grievance & my manager & director showed me the receipt of a signature with my last name, but again no one in my house signed this certified letter, nor did I receive the letter via regular mail. They then brought up my work record & attendance & told me they didn't want me to return.
They've denied me unemployment & the denial letter stated I should've known about the medical directive. They base this on the fact that I signed a form for the department policy & procedures when I was hired back in May, 2006. Sure I read it at that time, but I don't recall anything about a medical directive. Also the signature that matches no one in my house was a deciding factor.
There seem to be mitigating circumstances here. Can I go to EEOC with this? I've never been in this situation before. I want to return to work, go to another department or be able to collect unemployment. I'm scared & confused & need advice. Thanks in advance.
