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Is consider leave of absence as quitting? Should I request a hearing? What legal actions can I take?
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Is consider leave of absence as quitting? Should I request a hearing? What legal actions can I take?

I worked 8 months in a company in NY at a hourly wage. I asked for a leave of absence because I was going to be 4 weeks outside of the country ( I was going to the country where I'm from) attending medical and personal issues since I haven't medical insurance here. My leave of absence was totally granted (a month before my leave) with the condition that I was going to be working at another location of the same company. I left to my country with the peace of mind that I was going to have my job when I came back. I NEVER quit. When I came back to the country, I contacted the manager of the store to started working but he told me that there was not work for me because business went down and they didn't have available shifts. I considered that as a layoff, so then I applied to NY state unemployment insurance which was denied because my previous employer said I quit without good reason, instead of saying they laid me off after my leave of absence and they actually granted me job after my leave. They didn't have to paid me unemployment compensation b/c I was working as hourly. The owner of the store is saying that I left the job and that she was unable to hold my positions in the company for more that 3 weeks. I don't understand why they granted me the leave of absence if they were going to "fired" with those unfair conditions, making it seem like I was the one that left the job. It's this case fairly consider as quitting? Should I request a hearing at labor department, even if I have not written proof or a witness to prove that employer granted me both permissions to leave and work after my return. I'm scared of the hearing... Can they lie to the referee at the hearing? Can they get in trouble for lying to the labor department?What reasons do they have to say I quit instead saying they laid me off?
Additional Details
In addition, my direct boss didn't like me. He didn't like me since before he was my boss. He was my boos since he was promoted for two months. Since he took his position he was trying to get me out of the company without good causes. Other coworkers and the manager of the store were aware of my situation also. He didn't succeed b/c he never had any reasons to fired me. Besides I had great feedback from my former boos whom was replaced when he quit for the one didn't liked me. I don't know if this situation is related with my case? Can this would be annoyance or discrimination?


    




rwa000
Rating
a leave of absence is the same as quitting, just because they grant it doesn't mean they have to hold your position, the next question I would ask did you come back from your absence when you where supposed to.


MetalHeart
Rating
The piece you can't see is that every time any ex employee gets unemployment payments the owner has to make higher unemployment tax payments as well. And it never goes down. It's a cost that most employees don't even know Business has to pay.





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