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scdetector
06-03-2006, 08:46 PM
hello everyone, im new here and glad i found this site. i was terminated by my employer 2 weeks ago for absentism, i had some ongoing health issues over the past year or so that has kept me out of work many times,and have been under care since the beginning. he was very aware of my medical condition, its a small company with no sick leave policy, no employee handbook, really no policies at all.he got fed up i guess and was fired, i filed for unemployment the following day, and had a scheduled phone fact find last week,i received a letter today stating:you were discharged from your bona fide employer following your absence from work.record indicates that your work attendance was less than satisfactory.your irregular attendance warrants a discharge a discharge for cause in connection with the work under sc 41-35-120(2).you are disqualified for 8 weeks and max benifets are also reduced by 8 times your weekly benefit amount. it also states i can file a appeal within 10 days. does this mean i cant draw any benefits? what does being disqualified for 8 weeks mean? should i appeal this. sorry so long im in a jam and dont understand all of this. thanks

Pattymd
06-04-2006, 07:02 AM
It means that the reason for discharge was found to be a reason to deny UI benefits. And that, if you do find another job within that 8 weeks and are discharged from that job, after 8 weeks, you can file again. You can appeal, but it doesn't appear that you will have much luck. The determination doesn't seem to leave much wiggle room. Sorry.

rjc
06-04-2006, 08:18 AM
You should appeal this determination immediately. Based on my fairly extensive history with SC unemployment matters, this is completely antithetical to how the law is generally interpreted in SC. Please be advised that the individual who rendered this determination is an adjuster/adjudicator at the Employment Security Commisision. His/her decision will have absolutely no bearing on a hearing before an administrative law judge for the ESC as these hearings are conducted de novo, which essentially means "anew."

If you can demonstrate that you suffer from a medical condition that required you to be out of work for the period at issue; that your disclosed said condition to your employer; that you made your ewployer aware that you were out due to this condition; and that the employer failed to notify you that your job was in jeopardy (ie no verabl, written and most importantly final warnings), then I think you have a very good chance of prevailing on appeal.

Another piece of advice would be to retain legal counsel. There are some good, free legal services outfits in SC who are very experienced in unemployment matters.

scdetector
06-04-2006, 09:42 AM
You should appeal this determination immediately. Based on my fairly extensive history with SC unemployment matters, this is completely antithetical to how the law is generally interpreted in SC. Please be advised that the individual who rendered this determination is an adjuster/adjudicator at the Employment Security Commisision. His/her decision will have absolutely no bearing on a hearing before an administrative law judge for the ESC as these hearings are conducted de novo, which essentially means "anew."

If you can demonstrate that you suffer from a medical condition that required you to be out of work for the period at issue; that your disclosed said condition to your employer; that you made your ewployer aware that you were out due to this condition; and that the employer failed to notify you that your job was in jeopardy (ie no verabl, written and most importantly final warnings), then I think you have a very good chance of prevailing on appeal.

Another piece of advice would be to retain legal counsel. There are some good, free legal services outfits in SC who are very experienced in unemployment matters.
hey thanks thats a bit of hope,ill go tomorrow to file an appeal, its an unfair system.

scdetector
06-04-2006, 10:14 AM
should i take any medical records with me at the appeal, my ex-boss and i are on good speaking terms, would it be advisable to speak to him before the appeal date or not?

rjc
06-04-2006, 04:28 PM
Yes, but only those relevant to this matter. In other words, something that certifies your medical condition as well as any and all doscuments that validated your absences with this employer. And bring copies in order to allow the ALJ to submit them into the record (he/she will appreciate your preparedness, which can only help your cause in these informal, administrative proceedings).

When you state "ex-boss" do you mean your former boss at the employer invvolved in your unemployment matter or a former boss from a different employer?

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