Can someone be denied unemployment after they lose their job for going onto long term disability?
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Can someone be denied unemployment after they lose their job for going onto long term disability?
I was denied unemployment after I was terminated from my job for going into LTD. I went on STD after my employer said they could not accomidate my restrictions that I was placed on for my pregnancy. I went onto my LTD for 2 weeks and then was terminated. I applied for my unemployment but was denied. They say that I did not make reasonable efforts to preserve my job before I left. I did not leave. I was terminated by company policy. I have filed an appeal but want to know if I have a chance?
Asked on April 11, 2012 under Employment Labor Law, Arkansas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the unemployment office's representative determined that you were not qualified for unemployment benefits because you did not make reasonable efforts to preserve your job after you were placed on long term disability and then short term disability due to your pregnancy, did you provide evidence that your employer actually terminated you from employement where you received a final pay check and a termination letter? You need to have other people at work attend the appeal to give testimony that you were terminated.
The termination letter would be key to present in your appeal regarding the unemployment benefits issue you are writing about. I highly recommend that you consult with an attorney that practices in the area of employment law before you attend the appeal to assist you further in your matter so that you have a better chance of overturning the decision against you for your desired benefits.
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