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Good Morning, I worked for a company for 2 years, and my job caused work related injuries, bi-lateral carpel tunnel, left thumb degeneration, and I had three surgeries, and it resulted in a Work-compensation case, which my attorney settled. I was told after returning to work after my third surgery that they needed someone there every day, and so they were filling my position. Which they did immediately. They they stated I "quit." not true. They sent me a letter "the same day " I was sent home, saying they were sorry that I couldn't work. BUT i went to work on that day. It was a cover theirselves letter. I sustained a 19 % disability on my left hand and arm, and my attorney told me that if they just out and out fired me, that they would be libel for paying me 5 times my impairment rating, so instead they just sent me out the door, then said I quit. - Now they are fighting not wanting to pay my unemployment and even though the State of TN approved it, they've appealed, help ?
State/Country relating to Question: Tennessee Already Tried: Because the employer has filed an appeal, (based on they are saying that I quit for no good reason, and that they shouldn't be libel for benefits paid so far, ( which is only $96.00 per week because I missed so much work during the period prior due to three hand surgeries, that my average of my wages was very low, which is totally not fair either. This afternoon, the Tenn. Labor Dept. is calling me at 1:00 pm to do an on the phone Appeals Tribunal because of my Employer's appeal. My Work Comp Attorney has said that I AM entitled to the Unemployment, however he dosen't represent Unemployment cases. I have sent in the the Dept. my medical affadavits, and they did rule that I was entitled, but the employer is still figting. They sent me home from work on August 29, 2009 stating that they were going to Fill my position, which they did immediately. They told me to "call them back" when I felt I would be able to be there every day, as if I quit, - I just was suffering from terrible pain ( I had my left thumb joint removed) and could not hardly make it through a solid day following my third surgery. I did not want to drive on pain meds, which the work comp Doctor was prescribing me even though he released me to go back to work. I sat at that desk with ice packs on my left hand and arm, much of the time that I was there, while working. Any advice on what to say to defend the fact that I DID NOT quit my job but rather did return to work following my third surgery, and they the employer are the ones who nixed me ?
You need to get an unemployment attorney for the appeal. Also, your worker's comp attorney is correct in that based upon the facts it appears they are terminating you because of the workers comp claim and you would need to sue them for retaliation and seek the damages from them. As far as the appeal on the unemployment, you need to prove that you did show up to work that day with some credible evidence along with your testimony. Once you show that, you would show that the letter they sent was not truthful and that would shed doubt on the credibility of all of their other contentions.
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