[lenjan]

My employer terminated me for illness (illegal) and then said I quit (a lie) so as to not to have to pay me unemployment benefits. I appealed. I was supposed to have a hearing before an administrative law judge.

Today I received a letter stating that I was denied because i am unable to work fulltime (I spent 5 weeks in the hospital in Dec. and Jan. and almost died twice, my docs aren't thrilled with the idea of my working FT yet, but have cleared me for part time). Two people at the unemployment office, after hearing my story, said it sounded like I qualified, but now I don't, with no hearing involved despite what I was told.

I have $30 to my name and am down to selling furniture to make some cash so I can do things like eat, and put gas in my car ($2.83 a gallon here). No one has taken up a collection for me, even though all the work I can do is freelance, which pays $75 per article -- not enough to pay $475 a month rent, much less anything else. I have yet to see a check for two pieces I wrote in MARCH, because the company got taken over and their accounting system hasn't been switched over yet. I have no determination of disability yet from Social Security, and basically no idea where my money is coming from day to day. My home Internet got cut off, so I have to drive 20 minutes to use a library computer. But nobody gives a damn, it seems. I'm tired of bureaucracy and tired of life in general and wondering why I can't catch a damn break.

[/rant]

Candy

[EJ711]

Candy -

I am sorry about your present difficulty.

The unemployment issue sounds fishy. I think everybody is just trying to save money.

I'm sorry about the other two employers owing you money.

I just got my second paycheck from the college for whom I've been teaching since Jan. 23rd. Had to wait two months for the first one. The one that just came in Sat., went out promptly this morning to help cover my tax bill to Uncle Sam.

I just found out today that the payment schedule for teaching over the summer works pretty much the same way. I will get paid once, at the end of the two month class.

Hugs,

EJ

[lenjan]

EJ, I teach part-time at my alma mater, or used to, anyway -- with declining enrollment in my specialty, they haven't had work for me lately -- but I only get paid for full months. So despite the month of prep I put in before fall semester starts in August, I don't get paid till the end of September, and because spring semester starts in the middle of January, I don't get paid till the end of February, meaning I work two weeks for free. So I know how you feel. It sucks.

Life is just too damn complicated.

Candy

here unemployment benefits are not based on anything but how long the person worked - if they didn't work that job for at least 6 months they are not elegable for unemployemnt. this unemployment office also has a jobs program where they can help people - employers and people looking for work hook up. based on what the empoyers need and what the persons qualifictions are. Im not sure but I think this set up is nationwide so the person in unemployemtn telling you you are not elegable due to cant work full time is wrong. Look in the phone book there should be an 1 800 number for the nationwide office that can help you.

[Peanuts]

Can FMLA - Family Medical Leave Act - help ?? It sounds like your part time status is only temporary for now and so I wonder if you can find protection under FMLA ?? I would think you have grounds to argue that you are not permanently disabled but need to gradually return to full time employment ?? It seems so totally unfair for you to be treated this way.

Do you have disability coverage through your health plan ?? Short term disability usually lasts about 90 days, anything longer than that I think is considered long term disability. I have long term disability coverage through my benefit package - I have to pay an extra premium for it - but I think it is good protection to have. If I were to be unable to work for a medical reason and the time out of work went over 90 days, I would at least get 2/3 of my salary.

It seems very wrong to let someone go for medical illness. I hope something works out for you.

[(JD)]

((((Candy)))) First, if you are able to physically and mentally, put a rebuttal to your firing into your file at that job place. They will be required to send it out with their reference of you, anytime someone requests it. Second, aren't there like 5 appeals/layers of appeal? *Third, try and be in the here and now. I know the here and now is tough for you, but adding all the bad stuff from the past won't help you get through the here and now.

*(I'm just passing stuff along to you that my T has had to help me with.)

IMO the system can't have it both ways. Either way, you should come out on top!

[wisewoman]

I'm sorry candybear, and I would appeal the second denial. Also, did you have any disability insurance with your job? The fact is you did not quit. The other fact is that you were cleared to work part time and are eligible for part time benefits from the date you were cleared. Please call your version of Legal aide. It smells pretty funny to me. I wish I could do something to help, I am on umemployment and that is not quite enough to support my puppies let alone me. Please p.m. me if I can help. I am happy to do leg work.

[Lexicon78]

I'm so sorry to hear about the troubles you are having right now. Try to hang in there.

[lenjan]

I was only there 11 months -- needs to be 12 months to qualify for FMLA *or* short term disability. So I'm screwed on both counts.

I don't know if I will bother to appeal again or not. This stuff is taking more energy than I have right now.

Thanks for the suggestions, though.

Candy

[praxis]

I'm sorry everyone is screwing you over. I think you should reappeal the unemployment office deision. You might also have a case under ADA if you firing was because of a disability or a percieved disability. A law firm that specializes in employment law could tell you more. Most of them would charge an hourly fee for help with the appeal, but would take the ADA suit on contingency if they think it is strong enough. Good luck!

[bebop]

I think it depends on the state you are in. alot of states are now an "at will" states and that means they can terminate for whatever reason they want. you might check with your state to find out.

[PlanningtoLive]

Candy, I'm sorry. Your life is in an upheaval at the moment from all angles and being near poverty sucks (I lived in cardboard boxes once in a subway - scary thing, let me tell you).

Check into missions to see what time they have meals, including the Salvation Army. I've done that too before and at least you're eating.

In the meantime, pretty soon you'll be on your way to MN. I'm in your corner my friend. Hang in there.

Mary Alice

[(JD)]

Candy have you applied for SSDI? If you have enough credits total and within a time period, you might get that.

[tracylee]

APPEAL APPEAL APPEAL!!! I did on my non payment of disability and they coughed quick styleeee. I have been declared unfit for work and my employers are supposed to be coming around to my house sometime to let me know what is happening........... but for sure, APPEAL!! Good luck and hang in there!!