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Employer appealing ruling North Carolina

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  • Employer appealing ruling North Carolina


    So I was let go from my job in the middle of July for attendance reasons. I have a seizure disorder that sometimes but rarely causes me to miss work. I have been dealing with this for around 7 years. It is managed with medication but I do have seizures from time to time. When I was hired earlier this year they had me file out paper work that asked if I had any medical conditions. I of course let them know of my condition, not only for their paper work but in case I had a seizure at work. I did end up having a seizure at work in June and promptly went to my neurologist to be checked out. They did an MRI and found small lump. I had a biopsy scheduled for a week and a half later and informed my employer that I was going to be out that day to have it done, but that it was an out patient procedure and I would be able to be back at work following the weekend. The Monday of the week I was to have the biopsy I had a seizure and was taken home from work. My employer told me at that time to take the week off to relax before the biopsy. So I did so. They also told me that they would be behind me through this and to not worry about my job. On the Monday after the biopsy (which came back as a cist that they drained right then) I was pulled into the conference room by the President of the company and basically told that they couldn't afford to pay for an "empty seat" and that I had two choices. I could either leave and find another job or I could take two weeks of unpaid leave and they would reevaluate my position then. I told the president that that was not up to me and he needed to decide what they wanted to do. He told me he wanted me gone. They gave me a weeks severance and sent me on my way. I applied for unemployment benefits and after about a two month wait was awarded the benefits. Now my ex-employer is appealing the decision. I have a phone evidentiary hearing this week. I have found a new job and have been there a month. I really can't be out all morning for this hearing as this is a new job and i don't really have any time off. I guess my question is do I need a lawyer? Do I need medical records? I am really not ok with producing medical records as I consider that my private life. How long do these hearings take? Who is more likely to win this and if I do lose what could happen to me? Would i have to pay my benefits back? Any help would be greatly appreciated.

    Oh here are the hearing issues:
    -Left work without good cause attributable to the employer

    - Was discharged for misconduct or substantial fault connected with work

    I would also add that at no time was I ever told that my job was in jeopardy.
    Last edited by nbs75; 11-02-2008, 05:14 AM.

  • #2
    You posted in the workers comp section, but this is not a workers comp situation. This is an unemployment benefits question. You need to consult an employment lawyer in your city.
    Bob Bollinger, Attorney
    Board Certified Specialist in NC Workers' Compensation Law
    Charlotte, NC


    • #3
      Originally posted by complwyr View Post
      You posted in the workers comp section, but this is not a workers comp situation. This is an unemployment benefits question. You need to consult an employment lawyer in your city.
      If you notice, under the title of this forum, it also mentions unemployment issues. Wish they'd change the title.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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