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Disability CALIFORNIA, Position Filled, no other seperation status California

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  • Betty3
    replied
    The state decides whether you qualify for UI or not - not the employer. However, the employer can contest.

    Leave a comment:


  • megashark2015
    replied
    That is what I thought

    Originally posted by megashark2015 View Post
    6 month LOA. I know they aren't legally required to hold it. I worked there for over 8 years. They told me they would hold it for me because of my longevity (have it in writing on letterhead). They even stated they would fill it with a temp until I returned. Then 2 weeks later told me it was being filled in 3 days. I thought the sudden change was weird, now I know the director was confused and thought I had been on workers comp. She thought workers comp had released me to work and I chose not to. I was never on disability for workers comp. in the first place, what she saw was the standard issue letter from the acupuncture clinic that my work related injury still wasn't disabling. So, she is under a false impression about what happened, I was on disability for abdominal reasons-non work related and was not released to return to work. I have explained this to her, encouraging her to look at the documents, she doesn't check though, treats me like I'm lying.

    I suspect she considers it a resignation, but the position was filled. I have never been on UI before, I assumed it had to be approved by her. I'm just hoping I don't get stuck in a lengthy appeals process. I did move for my husbands new job though, it is 200 miles away from where I used to work.

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  • Betty3
    replied
    File for unemployment ins. The state will make the decision whether you qualify or not.

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  • ElleMD
    replied
    It doesn't matter why your former employer thinks you were off. You were off for 6 months then voluntarily moved and did not return to work. You can file for UI. It does not require your employer "be on the same page" as you. You also don't need an official termination from your employer to file. If you moved out of the area, it is more likely than not that your employer considers you to have resigned.

    You either qualify or not. California does recognize following a spouse to a new job as a reason to collect UI. The surgery and past injury is irrelevant as neither of those are the reason you are not working. You are no longer there because you left the area to stay with your spouse.

    There is a reason they asked you to return and kept you on the books when it was believed that you had an active WC claim and were treating for it. It really isn't relevant to getting UI though.

    Leave a comment:


  • megashark2015
    replied
    6 month LOA

    Originally posted by cbg View Post
    How long have you been on medical leave? There's a reason I'm asking.
    6 month LOA. I know they aren't legally required to hold it. I worked there for over 8 years. They told me they would hold it for me because of my longevity (have it in writing on letterhead). They even stated they would fill it with a temp until I returned. Then 2 weeks later told me it was being filled in 3 days. I thought the sudden change was weird, now I know the director was confused and thought I had been on workers comp. She thought workers comp had released me to work and I chose not to. I was never on disability for workers comp. in the first place, what she saw was the standard issue letter from the acupuncture clinic that my work related injury still wasn't disabling. So, she is under a false impression about what happened, I was on disability for abdominal reasons-non work related and was not released to return to work. I have explained this to her, encouraging her to look at the documents, she doesn't check though, treats me like I'm lying.
    Last edited by megashark2015; 05-24-2012, 09:07 PM.

    Leave a comment:


  • cbg
    replied
    How long have you been on medical leave? There's a reason I'm asking.

    Leave a comment:


  • Disability CALIFORNIA, Position Filled, no other seperation status California

    I was a supervisor at a company and had filed a workers comp claim when a broken chair caused me a neck injury. I wasn't one to file claims, but I had asked for a new office chair for over a year, I was denied because "then we'd have to buy one for everyone." I received medical treatment, paid for by workers comp but I never collected any disability and I continued to work. Aside from my neck, I was experiencing other medical problems that my primary care Dr was treating. I was scheduled for surgery and placed on a medical leave of absence. After the surgery my medical issues were still not resolved and my Dr kept me on leave while treating me. During my leave, the executive director took a leave of absence and a board member stepped into her position. The board member stated the board will hold my position for me, then two weeks later stated it would be filled if I didn't return, because an October letter from the workers comp Dr. stated I could work with limitations. I explained to her that I am not on leave for my neck injury/workers comp and I have not been released by my primary care Dr. I also provided her with a letter from my Dr. that stated my anticipated return date of May 17, 2012. She said the letter was weak and would never stand up in court. My position was filled but she invited me to let her know when I'm feeling better and told me that if she could employ me at a later date she would "strive to."
    I am fully recovered now, but I moved to Sacramento because my spouse had a job offer here. I am seeking employment and temporary Unemployment Insurance benefits. I contacted her to see what my official separation status is, explained UI concerns and she stated she doesn't believe I qualify for UI. She then sent me an email telling me that I was receiving Workers Compensation disability, then released to return to work in October, chose to remain absent and began collecting SDI, then moved. This is totally false, I replied, reminding her that I was never released to work, and encouraged her to review the letters and see what I was on disability for. Also, that SDI has September dated documentation from Workers Comp verifying that I never received Workers Comp disability. I asked her to review this so that we can be on the same page for Unemployment, she replied to me with job leads and did not discuss the points that I made. She still didn't tell me what my separation status was, I did not quit. I simply took the medical leave I was already authorized for, and did not comply when she tried to make me return early.

    I'm just wanting to know if I qualify under any UI laws/clauses? On a side note, surgery for my neck was recommended but I declined. Maybe I'm entitled to a Workers Comp payment???
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