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?
State/Country relating to question: Massachusetts
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.
NOTE: The law sometimes does not provide the answer we hoped it would. Please consider that I devote time to providing answers whether it benefits you or not and hope you don’t choose to shoot the messenger.
As always, I am available to clarify the answers for you. Thank you and the best of luck.
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.
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! :)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).