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On October 6, 2010, after giving my employer 2 months notice, I had surgery on my shoulder. I was assured by my employer that I would have my position back, after I obtained a Dr's note, saying I could come back with no restictions. I obtained this note from my surgeon on March 16, 2011, and wrote a note to my manager with the origional form included. I was told that I would get a telephone call when business picked up, to come back to work. After a month of no phone call.....I registered for unemployment insurance....to carry me through until I got the call back to work. My employer contested my unemployment, and when I faxed my Dr's note, as well as a copy of the note I wrote to my employer....unemployment was reinstated with back pay ($60 a week) within three days. I have received notice that again, my employer is appealing my unemployment again, and they are taking me to court over this. What are my rights regarding this situation?
Optional Information: State/Country relating to question: Massachusetts Already Tried: I am preparing my defense for this hearing, to be held on June 29th. I have only been given 2 weeks to collect all of my defense paperwork. The company I work (worked) for, says that they called me in either December or January, and I quit over the telephone....which never happened. I don't have time to subpoena the telephone company for incoming calls during those months.
I am sorry to hear of your difficult situation and am working on your answer now.
Good luck and take care. Tina ___________________________________________________________________________________ Please press the ACCEPT button so I may be credited and paid for my time by Justanswer.com. Positive feedback and a BONUS are always appreciated.
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Tina, so am I reading this correctly? The company has the burden of proof to proof that I DID quit, as opposed to me proving that I didn't? I have two written pages of dates, times, telephone vs inperson visits to the store, etc. I also have a witness (friend) who will testify that everytime I talked with her during my recovery.....I stated that I couldn't wait to get better, and get back to work. Will this be helpfull? I believe at this time it is too late to obtain an attorney....and the cost of one would not be beneficial, considering the $70 a week that I get in unemployment (before taxes). I appreciate your help....and will hit the accept button after your reply. Thank you in advance for your prompt attention to my questions. Customer
Yes. If they are alleging that you quit, then they must produce evidence of that typically. They cannot simply say it and not provide any evidence to support their allegation or they would normally not prevail.Yes. This evidence that you have would normally be helpful to support your case. All the best to you Laura.
Experience: JD, BBA, recognized for excellence in this area of law.
Thank you, XXXXX XXXXX've been VERY helpfull! :0)
You are very welcome and good luck to you! :)