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When asked to resign??/unemployment GA Georgia

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  • When asked to resign??/unemployment GA Georgia

    I'm a newb, so bare with me please...

    My spouse has had 2 brain surgeries in the past 6 months after years of trying to determine what the symptoms were hinting at. After two stints of 6 weeks on short term disability (through the state's insurance option...state employee) since the 2nd surgery and about 6 weeks in between those two periods where the symptoms had to be fought off just to remain at the workplace, we had a couple of meetings with her supervisor and the head of the department. The result of those meetings was that she would be allowed to go on medical leave without pay and claim STD a 3rd time but for a far longer period. During which, the position would be filled and job status would be determined upon returning from STD. About a week later the bosses and the head of HR (who was also in these meetings) did a 180 asking for a resignation stating they do not want to "ruin the employee professionally" by terminating. We asked for them to terminate to help with the unemployment process since we would not be able to file STD again.

    The unemployment claim was denied because the job was resigned from rather than terminated and because it was considered "personal" and not job-related even though there are countless documents from SEVERAL physicians in different fields stating the job worsened the situation. The document we received denying the claim stated almost to the letter that exact reason as to why the it was denied, i.e. doing the job did not "worsen the condition" and that a doctor did not take the employee out of work. All of this is apparently determined in Georgia by a short phone call from the main office in Atlanta during which it had to be explained numerous times that the physicians wrote letters stating that work could not be performed else the condition worsen.

    Did we make a mistake resigning and not waiting to be fired???

    Right now we are gathering evidence and preparing to appeal. Is that the best way to handle it?

  • #2
    If the job worsed the condition then that is a worker's compensation issue, not an unemployment issue.
    Please no private messages about your situation.

    Comment


    • #3
      Technically

      Technically, the job only worsened the symptoms, I guess. The condition itself was a birth defect.

      Comment


      • #4
        All you can do is appeal.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          In process

          Originally posted by cbg View Post
          All you can do is appeal.
          That's about what I thought.

          We have a ton of paper work to take to the appeal hearing and are confident the requirements are met. I will reply later with results for future readers.

          Comment


          • #6
            Quick update

            It took from a day or two before my last post until this past Monday just to get a hearing date (nearly a month). It's Friday, will report back.

            Comment


            • #7
              Appeal denied

              I'm ticked Because said person is not physically able to "actively seek employment", they were automatically denied. I was told by the previously employer AND an employee at the Dept of Labor that that would not be the case. If that was going to happen, why the *blankity blank* did we waste our time worrying over it???? The letter was in the mailbox the next day after the hearing! You know what I think? I think we were supposed to wear ratty clothes and we're the wrong color (white).
              Last edited by cbg; 10-31-2007, 09:29 PM.

              Comment


              • #8
                Recourse

                We do have some friends in high places that are going to look into this but our only recourse is to sue the employer, which we did not want to resort to. They told us that my other half could not claim short term disability even though it was paid through a private company. If we didn't have family and friends to help, we'd be losing our home because of this. That's what telling the truth gets you I guess, a kick in the back side.

                Comment


                • #9
                  Originally posted by JDTeach View Post
                  I'm ticked Because said person is not physically able to "actively seek employment", they were automatically denied. I was told by the previously employer AND an employee at the Dept of Labor that that would not be the case. If that was going to happen, why the *blankity blank* did we waste our time worrying over it???? The letter was in the mailbox the next day after the hearing! You know what I think? I think we were supposed to wear ratty clothes and we're the wrong color (white). Piss on the state of GA.
                  I don't understand your rant. If you can't seek work, then unemployment doesn't apply. It is for people who would be working had they not been terminated.
                  Please no private messages about your situation.

                  Comment


                  • #10
                    I seriously do not recommend lying to get benefits as 99 times in 100, you will be caught. Fraud is not something you want to try and defend and the penalties can be rather severe.

                    If you have a private disability policy, by all means, apply if your husband is unable to work due to his disability. The employer does not determine who is approved for either unemployment or STD. Suing the employer won't change either.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                    Comment


                    • #11
                      I think you're misunderstanding

                      Originally posted by moburkes View Post
                      I don't understand your rant. If you can't seek work, then unemployment doesn't apply. It is for people who would be working had they not been terminated.
                      The disability was done through the employer and the process had to be done through them, even though it was paid to another company, according to them. The employer said they would not allow us to file for it again and asked for a resignation. We said, no, that we wanted to file the STD. They again said, no that they would terminate on the spot before they let that happen. We have a letter that says that very thing. She would've still been employed technically otherwise. All this was said after they had already said in a previous meeting that medical leave without pay from the employer could be taken until returning from STD again. Also, the HR director, who works for the STATE!!!!!, said that the employee would be eligible for unemployment if we turned in a resignation. Is she, and the state agency, not responsible for that lie?

                      P.S. I/we have no intention of lying (like the HR director did). We didn't and we won't, but evidently state agencies can get away with it. That's my point. We are law-abiding, honest taxpayers (once in a high middle class bracket, but not anymore due to the illness), who were lied to and kicked to the curb, while any Joe Blow he gets fired for taking too many smoke breaks can get unemployment. GRRRRR I know that's an over-simplification, but still.
                      Last edited by cbg; 11-01-2007, 08:58 AM.

                      Comment


                      • #12
                        No, the state agency nor the HR person are liable for their advice as they are not the ones who decide whether someone gets benefits or not. Until the claim is handled by the state officially and with all the facts, no one can guarantee that you will get UC. You may be told that they will not contest benefits if they are awarded but that is not the same thing. Neither of these parties would know whether the state would deem him well enough to work or not.

                        Was this an actual disability plan through an insurance carrier or a salary continuation offered by the employer?

                        BTW, none of this is unique to GA. It is the same in every state.
                        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                        Comment


                        • #13
                          The STD

                          The disability was a private one but paid pre-tax through payroll, I think. I wasn't the one who signed up for it. My better half said she, it is a she by the way, had that option and what it covered and I just said GREAT, do it. How does that make a difference?

                          As far as it being unique to GA, that's not why I'm mad at GA. I'm mad at GA because it was a state agency she worked for and more than one state employee, including one at the Dept of Labor, told her she'd have no problem getting benefits.

                          Comment


                          • #14
                            Thank you

                            I appreciate the responses thus far. It looks like there's little else we can do. We will survive. We didn't make it to a decent tax bracket by being lazy afterall. We both came from low income and busted our humps to finish college at very reputable liberal arts schools.

                            Comment

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