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unemployment issue nys
#31
I'm sorry that your attorney backed out at the last minute.

Back in 2005, I was also terminated from my employer who did so stating that I didn't turn in Dr's notes for 5 days worth of absences while I was in the hospital.. I don't know how they expected me to get out of my bed and bring them a note on a daily basis. I called them everyday from my hospital bed and told them that I was hospitalized and would bring an out of work note or fax one to them the day I was released. Which I did. They waited almost 2 months before using it as an excuse to fire me. Then they denied me unemployment, stating I didn't follow their absentee policy and therefore, I was terminated for cause and wasn't entitled to UE.

I fought them.. appearing in front of a mediator/judge and had all paperwork, as well as everything laid out in a timeline showing how I did things while I was ill from July through October, before being terminated. My employer was stupid enough to send someone to the hearing that had nothing to do with HR, and didn't have a clue as to what had happened. I was able to prove my case without the help of an attorney, and was allowed UE over my employers protests. I received back pay of over 2000 one week before Christmas.. which made for a great holiday.

Just make sure that you have all your ducks in a row, be polite and present your side of the case as concisely as you can. Bring all documentation with you that shows what took place before and after your termination. Don't be surprised if your employees attorney doesn't appear. Most times, it isn't worth it to bring them in.

However, they probable won't allow you any kind of continuation. You have had plenty of warning that you had this hearing coming
up, and just because you don't have representation, isn't reason enough to continue this. Also, make sure that you get a copy of any and all documentation that your employer may bring in their defense. It is required that both of you share all documentation you plan on presenting. You must also provide a copy to the arbiter.

Good luck tomorrow.

Angel ^j^
I've always been crazy, but it keeps me from going insane.
************
Happiness comes through doors you didn't even know you left open
 
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#32
from they way it looks they prob wont show up i went and looked at my case file last fri and there wasnt anything in to indicate they are coming tom.only this that was in there was a letter from the begining of my claim that stated that i quit and wasnt fired.i wish i knew if they were gonna show tom it would be easier on me if i know this company they will do whatever it takes to deny any benefits from me.i only got my hearing letter 8 days before the hearing so i didnt have time to find a lawyer. the only ace in the hole i may have is i never saw this dr's report they sent me to.thats the one that said i was fine.i really would love to see this.
 
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#33
i just got off the phone with my lawyer and he said i should call unemployment tom to have my hearing moved to a later date until i have all my medical document that i need and so he can look over my case some more. so it doesnt look like i will be going tom he said the judge is very big on employees having all the medical documents with them at the hearing.this stinks ill have to wait again but i guess its better to have everything and be prepared. i just hope they wont be upset im gonna have to cancel it the day of my hearing but my lawyer said i can do so
 
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#34
Like Angel said, you should be given a copy of what the other side is presenting to the judge as well as a copy for the judge himself. Everyone should have a copy. I believe you should also cancel this so that you have time to gather all the information needed and to find a lawyer to have with you at the time of the hearing. I did not have a lawyer with me at the hearing and I regret not having one. I highly suggest you have one in this case as I was wispered while I was there that I should of had one and I believe that if I did I may of made out better than I did if I did have one. Good luck and there is no rush. Make sure you are well prepared.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
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#35
Since Un-Employment isn't like Work Comp.

What other kind of medical reports would you need? other then the ones showing your Doctor and the IME saying you can only work light duty. So why would you need more then that?
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#36
thats what i said i only got to talk to the lawyer this afternoon so he doent know all that much about my case
 
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#37
so i have a question when would i get to see what they are going to present at the hearing? i looked in my file today and there was nothing in there.hopefully i wont have to wait months for another hearing,i really need this money but if i dont go at it right i wont win anyways.my employer had stated i was absent more than 3 days without a bonafide reason.they never gave me a day i had to return after their dr said i could so where do the get 3 days from? my lawyer pointed that out, so i have a good case there i would say i mean i was out for 11 months and they didnt they anything.i was just a causulity of slow business times,they did this at the same time they were laying other union people off,
 
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#38
Well, if it were me, I would present the case just like you have here. For really, there isn't much more to add. So, my opinion is why delay it. Go for it, and hope for the best.

It's a coin toss either way. So, take the 50 / 50 chance, and be done with it.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#39
I agree with Bad Boy, If you have documentation from an IME and your own Dr. stating that you can't return to your position, the judge may see it the way you do, your a casualty of economics. I would bite the bullet and go for it tommorrow.Good luck.
 
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#40
ok say i do go tom without a lawyer and my employer shows up with their lawyer then what do i do i dont know the legal ways and loopholes like they do im just afraid if i go alone i will screw this up.i know when i have a lawyer next to me its just easier i would be more relaxed im just afrraid i will screw it up and lose it in the hearing. im not gonna be able to sleep tonight thinking about this one
 
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