This is long and complicated I apologize. I have worked for a telemarketing firm since February of this year. Back on 8/2/2006 I fell in the shower at home and injured myself requiring hospitalization for a couple of days and then two weeks of rest. I called my employer on 8/2 to let them know what was going on. Upon release from the hospital I called the owner of our business on 8/7 because I wanted her to know what was going on. She stated that my job was safe and I had nothing to worry about. During the conversation she told me to file unemployment and she wouldnt fight it. I did not feel comfortable doing this and refused. I told her I would be back to work on 8/21 and she stated that would be great. When I reported to work on 8/21 I was told there was nothing for me to do and to go home. I called to work every day asking for a schedule and our manager finally called me on 8/24 stating come into work the following Tuesday. At that point I filed unemployment due to no work the week of 8/20. I reported to work the following Tuesday 8/29 and was then told after that day there was nothing for me to do. I have since continued filing my unemployment claims and the employer refuses to call me with a schedule after I have called every day. They are now fighting my unemployment claim stating Im not able to work since the injury I sustained. If this was the case then why did I work on 8/29? Need some help on this one. I have my hearing Monday 9/18 with fact finding folks and have given them a statement and a copy of the dr's note releasing me to work on 8/21.

You have not posed a question.

Nonetheless, I will offer my opinion, to wit, the employer does not have much of an argument. They are not providing you work, therefore you are in unemployment. Their argument that you cannot work is self-serving, all but unprovable, but most importantly, it belies the medical evidence from your doctor that you should be able to provide. Therefore, if you are able and available, then the employer must argue that you either:

1. refused work;
2. voluntarily resigned; or,
3. were discharged for willful misconduct


Of course, none of those are true, hence the lack of a viable legal argument.

Questions? :D