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cpgoofy16
01-31-2009, 03:18 PM
I just received in the mail today the decision based on the hearing with my former employer who appealed my unemployment because he did not want to have his % go up.
So here are the facts: I had been seeing doctors with my husband who was determined disabled about his health and breathing issues in Colorado. I told my employer of these doctors appointments and findings. We were advised by the doctors to move to a lower elevation for his health (both mental and medical) in a very short time. I informed my employer of this as well as a business project that I was trying to run by France. I was being treated terrible at work by my supervisor and the owner was not doing anything about it as my supervisor had been there forever and he did not want to lose her. I was told by my employer that I had better make up my mind by Dec 1st as to what I was going to do. I was afraid of losing my job because of this woman (supervisor) and needed to keep it for as long as I could in order to pay for my husband's medication as his disability did not come in yet. So I put up with it. I then was afraid to tell my employer that I was strictly moving out of state for my husband's health and said in an email that I was going to France Not true (did not even have a passport) in two days but either way I had to move because of my husband's health, as I was afraid to tell him the truth. I never thought I would have to try for unemployment. Well I applied for unemployment and sure enough he appealed it an brought up the France email. I submitted another email that also showed the health reasons. The day came for the hearing and I was so upset that it was a conference call and that I had not received all of the letters from the doctors yet that when the hearing officer grilled me about France and I knew the employer was on the line I said yes I was going to France. But that is not correct. I still don't even have a passport. And when I tried to state my case she would interrupt me and ask me more questions and then would not let me finish. I had one emailed letter from my husband's psychologist and they would not allow that into evidence as it was not signed nor on letter head. I did not have time to get that from the doctor in the mail and mail it back to them as I had a week to prepare (which I was not prepared). I said I could get letters from doctors but the hearing officer said well I should have gotten them prior to the hearing. The employer did admit that he knew of my husband's health problems but they still ruled that out and have denied me by saying I moved for personal reasons and not health reasons.
I don't know what to do about the appeal as I cannot submit new evidence I am told and they only look at what was said at the hearing. I was never told by the hearing officer that I could delay the hearing if I felt I was not prepared.
Can I appeal this or does it look like I am stuck because I lied to the employer about going to France? (oh I even stated in the email that they should hire someone that my supervisor liked because it would be easier as she did not like me)
Help?

Betty3
01-31-2009, 05:08 PM
You can appeal though I'm not sure you will get it in this case. However, that will be up to the "state" to decide.

cpgoofy16
01-31-2009, 05:48 PM
I am going to appeal it thank you.
Now I need to see what I can say to appeal it as I cannot introduce new material but I need to ascertain that my primary reason was for my husband's health and not for France as that was made up without weakening my claim. Can they deny me for lying about having a business opportunity in France when I did not?

Thanks,

Betty3
01-31-2009, 06:27 PM
It certainly would have been better if you hadn't lied. However, I do not know what they will decide.

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