Can You Give Advice On Appealing Unemployment Insurance Claim Disqualification Due To Late Mailing Of Continued Claim Form (in CA)?


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My former job listed excessive tardiness as the sole reason for termination? I was denied unemployment and now have to file an appeals hearing. Just prior to the termination, I had spoken with an HR representative about some disability and health related issues that costed me to be late on 05/18 and the 19th for four minutes each day. What the hearing officer did not do was to take in consideration the fact that I went into surgery a couple of days later due to the same health issue which prevent me to be on time at work. I also talk to HR department about my immediate supervisor comments in reference to my disabilities and felt that I was being treated differently because of my disabilities. I was sent home earlier before and after the surgery due to pain and the time were automatically removed department time available (over 30 hours of vacation time). All of a sudden, right after I have 2 days back at work , I was terminated.  I live in Houston, Texas and understand the "at will" employment, just wonder if I have a chance. A few months prior to this incident, I told my boss that I did not feel the company was helpful enough with my disabilities. I fainted at worked due to pain from gallbladder stones on March 3rd, 2010 and my job file a workers comp case, which I help to dismiss since my health department are not provoke by my job. I asked for the logical accomodations under the  American Disability Act but the company refuse to even let me called them accomodations. I asked if tardies related to my disabilities will be covered for as long as I have accumulated time off (which I had) and  I requested assistance with my other disabilities they only allowed me to have multiple breaks, which were taken from my unpaid lunch and distributed equally throughout my shift. Apparently they are saying we never agree on possible tardiness related to my disabilities and  the state is siding with them and denying my unemployment benefits. The hearing officer, did not took in consideration I was late just a couple of days before I went into surgery for the same reason I was late, I had a constant diahrrea for my gallbladder stones . I had accomodations papers signed by my doctor and submitted and accepted by HR department before the 2 tardies and I letter form my gastroenterologist (dated 04/29/10 and submitted next day to my immediate supervisor) asking for my employer to assist me with my problem until the time of my surgery and post recovery. The hearing officer did not want to admit this fact as evidence of my ongoing situation up to and right after my surgery. I was unable to fax my health and doctor's paperwork and I wanted to ask for an extension and officer deny me of it.  Due to my dissabilities I was already on a final warning due to a short term disability usage until january 2010 that put me automatically under final written warning. That's why I submit all the diability paperwork to the company and to cover all incidents related to my dissabilities covered under the ADA act. Don't know if that has any bearing

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