Posted by Andrea on 7/10/11

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My question is concerning my appeal hearing. I was admitted
to the hospital in November and had to miss work for
impatient care. My mother called my employer to inform her
of the situation. My employer told my mother that upon my
recovery no position would be available for me. I had
already been collecting unemployment benefits while working
at this employer, but was unable to make enough money and
claimed what I did make each week. My employer never filed
DOL form 800 so I had to assume that I was separated due to
lack of work. Now that I've established a new claim for
unemployment with this employer, they are trying to claim
that I abandoned my job and never told my employer
anything. No call No show. The outsourcing company is the
appealing party for my case. They did file the "Notice of
Claim Filing and request for separation information:
DOL=1199FF. Is this form considered a separation notice.
I'm trying to find any loop holes that the outsourcing
company can use, but I have my mother's testimony and
hospital records to prove that I was unable to work and my
employer was notified. I believe I was discharged because
business was slow and they used my hospitalization as an
excuse to fire me and now they are say I just didn't show
back up to work. I know the burden of proof is on them, but
what kind of proof could they possibly have??

Help with Appeal Defense, 7/10/11, by Andrea.

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