posted on Aug, 9 2003 @ 02:06 AM
I am going to have to attend a appeals hearing regarding my unemployment insurance and was wondering if there were any lawyers or legally experienced
people that could help.
At the end of June, I went to report a work comp claim to my manager for a repetitive motion injury. I had been treated for the same injury about 8
or 9 months earlier, and it had subsided when winter started but flared back up at the start of summer. The new claim was supposed to be a formality.
They said they had to deny the new claim in order to apply it to the old one.
After the claim was filed, my manager informed me that based on the new drug policy started 2-1/2 months earlier I was required to now take a drug
test, even though a year prior, when the claim first began, this wasn't an issue. Well, anyways, I refused to take the test since there wasn't any
reasonable cause or suspicion, and I was fired. They have a signed authorization that I was forced to sign or else I'd have been fired back in
February. The unemployment dept. found in my favor and decided the auth form was signed due to coercion and a repetitive motion injury does not
warrant a drug test so my refusal did not merit insubordination. My former employer is now contesting the decision and I need to know if there is
anything I can do to prepare myself for the hearing. I have no experience in legal matters, but cannot afford to lose my unemployment. The economic
situation in CA is horrendous and there's a 15% unemployment rate in the central valley as it is. Finding another job could take some time. I
understand that living by one's principles can be difficult, but any help or advice in this situation would be appreciated.
Thanks