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Coping with Job Loss

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Question about Reason for Discharge

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  2003.1
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  Oct-24 7:46 pm

My situation is kind of complicated. Late last year, I was diagnosed with several forms of tendinitis in my feet. The job I had was retail and it was a on your feet all day job. I've been on medical leave since then. 2 weeks ago I got a letter stating that I was being terminated because they can't keep me on indefinite personal leave. Fine, no problem. Well, I applied for unemployment. A health issue with my husband came up-a crisis, so I called the office to tell them what's going on and that I had to cancel the interview thing.

Fast forward to today. I got a letter in the mail with a new appt. I really don't think I am eligible for unemployment benefits due to the issue I am having with my feet and b/c I haven't worked since Nov. of last year. I totally expect that to be the case and I did answer the certification questions honestly, obviously!

Well the letter states that I was discharged from work for misconduct. Why would my work say I was discharged for misconduct when I had no misconduct? I do intend to follow up with this, as it's totally not fair or accurate. Just wondered in the meantime!

tigerpz  Member Icon
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Question about Reason for Discharge

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  2003.2 in response to 2003.1
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  tigerpz  Member Icon
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  Oct-26 9:40 am

There is no way we would know why your employer said you were discharged for misconduct.  You need to file an appeal so that you can find out.

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Question about Reason for Discharge

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  2003.3 in response to 2003.2
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  tigerpz  Member Icon
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  Oct-26 11:23 pm

I called unemployment and that's their terminology. I don't think I am technically eligible so I am going to stop the stress and cancell the whole stupid thing!
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Question about Reason for Discharge

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  2003.4 in response to 2003.3
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  Oct-27 5:31 pm

My husband was laid off twice in the last two years, the most recently was 18 months ago. Initially, his boss told him she was letting people go because business was bad and sales were down. When he applied for unemployment, she filed an objection, claiming he was *actually* fired for insubordination. He appealed, and the state agency called upon the ex-boss to provide documentation of the insubordination. She couldn't do it, because it wasn't true. He'd never been formally warned or written up for anything. He won, and received retroactive benefits. We've since found out that more and more employers are filing objections to ex-workers' unemployment claims, as a way to keep their own costs down. You might want to consider appealing or at least investigating further before you give up. All the best to you.
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Question about Reason for Discharge

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  2003.5 in response to 2003.3
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  Oct-27 7:48 pm

What you got is probably an appointment notice and the department is looking at whether or not the discharge was for misconduct.   Probably they have to look at all discharge issues.  That does not meet the employer is alleging misconduct at all.   They will probably also end up looking at your ability to work, since you were off on a leave for a long time. The seperation really involves your ability to work. They may ask you for information on your medical restrictions but simply because you have restrictions does not mean you are not able to work.

Please do not assume that you are not eligible for unemployment.  Depending on the state you are in, it is very possible if you are able to work in any type of work you have done in the past or are able to do, you could end up being allowed benefits.  If you are able to do sit down work and have done or could do something like that you could end up being eligible. This might be stressful, but if you need the money please do not just give up at this point.

 

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