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I live in Kansas, I filed for my unemployment in October, received it for 7 weeks then my employer objected it. Had my telephone hearing, my leaving was a family emergency back in Texas, my Mother fell and broke both bones in her left leg, and I was needed to help in her recovery. The lady told me on the phone interview that a decision would be made in 7 to 10 days and I needed to get evidence that an emergency did exist. I had 2 doctors fax letters to them 3 days later only to be denied 2 days after the phone interview for lack of evidence of emergency, I have filed an appeal hearing is next week, what do you think of my chances. Also when the dol sent the paperwork to my employer they had ten days to respond they responded 28 days later and according to their statues, if not answered within ten days they can't fight it, very confused
I hope you have copies of those doctor's notes for yourself. In my state, what you send for a deputy determination, rarely finds it's way to the ALJ, and you need a copy for yourself. Also, take your mother as a witness. Things that will impress an ALJ as to the emergent nature of the circumstances is: dead/no father, only child, no grandparents, no aunts or uncles. She needs to convince that ALJ with tears that you were her only hope.
It would also go a long way if you could prove that you asked for a leave of absence but were denied.
I have copies of the Doctor's letters both which state that I was needed there to take care of my Mother, they sent me a pack that had the letters in it, also the same pack was sent to my employer, it has me on edge, no job, plus the prospect of an overpayment staring me in the eyes, and all I did was the moral thing and even under their statutes is says is you leave for an emergency that couldn't with good morals be denied you would get your unemployment
Also, you the overpayment will be an issue which you should address at your hearing. ALJs are allowed to waive overpayments should you lose if it is "against equity and good conscience." So have papers to prove you are destitute and use your mother's medical bills to show the family's plight with your mother's unfortunate injury.
I live in Kansas, I filed for my unemployment in October, received it for 7 weeks then my employer objected it. Had my telephone hearing, my leaving was a family emergency back in Texas, my Mother fell and broke both bones in her left leg, and I was needed to help in her recovery. The lady told me on the phone interview that a decision would be made in 7 to 10 days and I needed to get evidence that an emergency did exist. I had 2 doctors fax letters to them 3 days later only to be denied 2 days after the phone interview for lack of evidence of emergency, I have filed an appeal hearing is next week, what do you think of my chances. Also when the dol sent the paperwork to my employer they had ten days to respond they responded 28 days later and according to their statues, if not answered within ten days they can't fight it, very confused
In most states, employers are given enormous latitude in contesting unemployment claims. Some wait as long as a year before bringing action. Some harass the employee continually by appealing favorable decisions numerous times. So, don't be confused.
As far as "emergency" is concerned, much depends on your state unemployment laws and precedent in similar cases. A few states will allow a quit in order to care for an ill parent. Recently a PA resident quit to care for an ailing mother who lived in Arkansas, I believe. He got his benefits. Do some research on Kansas precedent. That said, denials are standard operating procedure in the early stages when an employer contests. Be prepared to appeal again.
How old is your mother? A broken leg, even if it is both bones in the lower leg, does not sound nearly as serious as a stroke or heart surgery. Whether it is one bone or two, she is still in a cast for two months and on crutches or in a wheel chair. I had a broken fibula a few years ago. I managed by myself quite well. I was 65 at the time. You may have an uphill battle convincing UE you were needed all day every day during the workday to care for her when the issue is a broken leg unless she is very old and/or infirm.
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