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Well, waiting for UI to call, as they have question about my quitting for medical reasons. Here's what happened. (BTW This was in May of this year)
Worked as pipe cutter (Pipe weighs anywhere from 1 lb to 50 lbs depending on length) comes out of machine every 4-5 seconds, place in basket. Can run machine with help or alone.
Monday, had COPD flare up at work. Called 911, transport to hospital. Stayed over night, left with work restrictions.
Went back to employer Wednesday. Employer refused to accept "Light duty" restrictions.
Left work, see doctor Saturday (Medical Clinic) to get full release.
Doctor took readings (Oxygen level in blood was low, did test) refused to release for full duty, recommended I be on oxygen as I was "Borderline" needing it. Advised to quit (Note says can not resume full duties, but light duty only) Doctor says "Cashier/desk positions OK" Just not intensive work as before
Called work, discussed conditions, HR was out,( they have a secretary who does relay messages) told her I had to quit per doctors orders. She passed on message, no call back from HR.
Filed for UI that same day I called employer.
Have been applying for positions (Cashier and some other minor jobs)
Called work, discussed conditions, HR was out,( they have a secretary who does relay messages) told her I had to quit per doctors orders. She passed on message, no call back from HR.
This will be your problem. You quit, and it appears that you didn't give the employer an opportunity to make an accommodation.
Had the employer said, "no we can't make any accommodations," then you could have said, "I quit," and it would have greatly changed my opinion. Also, in a case like this, I would have submitted a conditional letter of resignation to the affect "I asked for light duty because of my COPD. My request was refused. Unless you change your mind regarding my assignment to light duty, I won't be able to work there anymore."
This will be your problem. You quit, and it appears that you didn't give the employer an opportunity to make an accommodation.
Had the employer said, "no we can't make any accommodations," then you could have said, "I quit," and it would have greatly changed my opinion. Also, in a case like this, I would have submitted a conditional letter of resignation to the affect "I asked for light duty because of my COPD. My request was refused. Unless you change your mind regarding my assignment to light duty, I won't be able to work there anymore."
Thanks for the reply Chyvan, I am not sure I fully follow what you say. I did speak with HR/Secretary regarding the demand from them for a "Full medical release" and they refused any sort of light duty. I don't believe they could have made any accommodation as the work is of a very physical nature and they couldn't slow it down, nor would they allow me to stay on one area working.
Last edited by Disgustedman; 06-07-2013 at 01:08 PM..
Reason: not sure of response.
To me, a secretary in HR has no authority to grant an accommodation.
However, if you feel you followed all the rules, make sure you say things in such away that you afford the employer an opportunity, and that you went to the right person to make such a request. As written, I didn't understand, and the UI people don't particularly like doling out the money unless they have to, so be sure that they have no doubt as to the sequence of events as I did.
Oh, I see your point in this. When I first discussed "Light Duty" it was directly with the HR head and she just flat out refused any sort of "Light duty" (And I'd also add "Accommodation" to that)
The thing that kills me (Besides death) is that in my area where I worked, were 2 machines I could have run, while getting better (Or just still doing my job at a lesser pace), there was also 2-3 other areas which would have been acceptable to my abilities.
I know that employers don't want people slacking, but in those positions I could have still contributed to the bottom life profitably. I will make sure I point that out to UI if need be....
Again, thanks for the reply...Just going to try and get another dose of patience while waiting for the call.
Well, waiting for UI to call, as they have question about my quitting for medical reasons. Here's what happened. (BTW This was in May of this year)
Worked as pipe cutter (Pipe weighs anywhere from 1 lb to 50 lbs depending on length) comes out of machine every 4-5 seconds, place in basket. Can run machine with help or alone.
Monday, had COPD flare up at work. Called 911, transport to hospital. Stayed over night, left with work restrictions.
Went back to employer Wednesday. Employer refused to accept "Light duty" restrictions.
Left work, see doctor Saturday (Medical Clinic) to get full release.
Doctor took readings (Oxygen level in blood was low, did test) refused to release for full duty, recommended I be on oxygen as I was "Borderline" needing it. Advised to quit (Note says can not resume full duties, but light duty only) Doctor says "Cashier/desk positions OK" Just not intensive work as before
Called work, discussed conditions, HR was out,( they have a secretary who does relay messages) told her I had to quit per doctors orders. She passed on message, no call back from HR.
Filed for UI that same day I called employer.
Have been applying for positions (Cashier and some other minor jobs)
Anything else I should also be doing?
If the doctor advised you to quit in writing, be ready to send that documentation in.
In short: doctor's advice trumps anything the employer has to say. Get that in writing and you are golden.
If the doctor advised you to quit in writing, be ready to send that documentation in.
In short: doctor's advice trumps anything the employer has to say. Get that in writing and you are golden.
The note said" Due to (Patients Name) heart and lung problems, he cannot return to previous duties, OK for "Light Duties" I also included the emergency room report which denotes "Activity as Tolerated"
I included all that when they asked for documentation in regards to why I quit my job.
I will wait till my hearing and report back as to the results.
Yes, I "May" be golden, but I have been reading this board and it seems sometimes, the hearings don't always go in the claimants favor...
This will be your problem. You quit, and it appears that you didn't give the employer an opportunity to make an accommodation.
Had the employer said, "no we can't make any accommodations," then you could have said, "I quit," and it would have greatly changed my opinion. Also, in a case like this, I would have submitted a conditional letter of resignation to the affect "I asked for light duty because of my COPD. My request was refused. Unless you change your mind regarding my assignment to light duty, I won't be able to work there anymore."
You're on the right track, as usual, but I'd do something slightly different....NEVER QUIT. Tell your employer your restrictions, and show them the doctor's note. Let the employer lay you off, or let you go. Tell them "this is what the doctor Said I can do. If you can't accommodate me, then you'll have to either let me go, or take disability leave, etc.. " Then you could use your FMLA eave, apply for SSDI, etc. But NEVER quit. Put the ball into their court as to what they want to do....let them Fire you, etc.. Just don't quit!
You're on the right track, as usual, but I'd do something slightly different....NEVER QUIT. Tell your employer your restrictions, and show them the doctor's note. Let the employer lay you off, or let you go. Tell them "this is what the doctor Said I can do. If you can't accommodate me, then you'll have to either let me go, or take disability leave, etc.. " Then you could use your FMLA eave, apply for SSDI, etc. But NEVER quit. Put the ball into their court as to what they want to do....let them Fire you, etc.. Just don't quit!
Well, it's a bit late to stop the process now, but I didn't mention FMLA as I didn't have the required amount of time on the job for that, I did not have any disability insurance either (Still too new) As far as applying for SSDI, I'd not make it as I am still able to work (Per doctors note) and in any case, applying and recieving SSDI is about 3-5 years waiting with court and lawyers.
Oh, I see your point in this. When I first discussed "Light Duty" it was directly with the HR head and she just flat out refused any sort of "Light duty" (And I'd also add "Accommodation" to that)
The thing that kills me (Besides death) is that in my area where I worked, were 2 machines I could have run, while getting better (Or just still doing my job at a lesser pace), there was also 2-3 other areas which would have been acceptable to my abilities.
I know that employers don't want people slacking, but in those positions I could have still contributed to the bottom life profitably. I will make sure I point that out to UI if need be....
Again, thanks for the reply...Just going to try and get another dose of patience while waiting for the call.
Make sure to write down what you remember from that that meeting.
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