Hector’s Story: Unemployment Compounded by Illness
Hector* worked as a forklift operator at a large chain store for over twenty years before going out on medical leave with a hernia. Due to a misunderstanding about the number of sick days he had accrued, Hector was fired for absenteeism. After applying for unemployment benefits, he suffered a debilitating stroke that left him unable to work or communicate verbally.
Although he could not work after the stroke, Hector had been able to work from the time he was fired until he had his stroke, and he was legally entitled to unemployment benefits for this period. Unfortunately, the Department of Unemployment Assistance erroneously denied those benefits.
Having missed the deadline to appeal Hector’s denial of benefits, his family reached out to CLA and were connected with CLA Employment Law Attorney Madison O’Brien.
Attorney O’Brien worked closely with Hector’s daughter to prepare for several hearings related to Hector’s benefits. At each hearing, Attorney O’Brien carefully and patiently explained to the review examiners why her client’s daughter was speaking on Hector’s behalf, and also why Hector met the various requirements for unemployment benefits. Attorney O’Brien also argued that after Hector had suffered his stroke, he was eligible for three weeks of illness benefits, a benefit that does not require the person to be capable of working.
Throughout this nearly year-long process, Attorney O’Brien prevailed on Hector’s behalf at all of the hearings. Thanks to her diligent advocacy, Hector was awarded retroactive benefits for all the weeks that he was owed, benefits that were much needed as he continued recovering from his stroke.
Community Legal Aid’s Employment Unit represents workers with claims related to wage theft, employment discrimination, and family and medical leave issues. The Unit is also the only local provider of free legal assistance for workers fighting for unemployment benefits with cases before the Department of Unemployment Assistance.
*A psuedonym
