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celeste sims
Oct 31, 2007, 08:49 AM
I have an unemployment appeals coming up. I was fired because I had a critically ill sibling in south america in a coma. I am the only member of family fluent in spanish and I also work as a spanish interpreter. My disabled mother whom I live with had to be accompanied to south america so that she could make decisions affecting my brothers life. Because no interpreter was provided in the south american hospital I had to stay there over a month until my brother came out of the coma. My employer has denied me unemployment benefits although I have certified letters from the hospital stating the critical situation and my need to be there with my disabled mother and unconscience brother. I have an appeals tomorrow and need advice on how I can get the employer to pay.

famlee
Oct 31, 2007, 03:29 PM
You can't "get" the employer to pay. If you have a hearing then you will explain your situation and why you were fired and why you feel you are entitled to unemployment compensation. Your employer will have a chance to tell their side. Then the appeal panel/person will decide if you are entitled to unemployment compensation or not. I can't remember if the unemployment office handles the appeal or a 3rd party and if it's a panel of people or one person to make the decision. I went through this process once about 6 years ago.

If the employer used your past job performance as a reason to fire you, then you might lose. Such as, if you had excessive tardies/absents.

Did you request time off for this situation or just call and say, " I won't be at work for x amount of time?"

Did you fill out the forms for the FMLA?

JudyKayTee
Nov 1, 2007, 08:35 AM
Which State are you in? Your employer does not have to honor your request for time off for a family emergency - it would appear your employer is claiming you were fired for reason.

I have only seen Unemployment Hearings in front of an Arbitrator - never more than one person although that may be the case in other jurisdictions.