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Forced To Resign Without Release From Doctor For Disability

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  • 03-27-2008, 07:25 PM
    cpb1092
    Forced To Resign Without Release From Doctor For Disability
    I was on disability for a month and was not ready to go back to work. Dealing with depression anemia after getting out of alcohol treatment center. I have never been on disability and didn't know to get to another Dr. right away to continue benefits. I was told the day I was to report back to work but didn't have a release from the Dr.. I was immediately put on Admin Leave pending an investigation of my not complying with company policies on paperwork and handling customer accounts. I work on commission only so the benefits were gone and I had no income. I had to call them to find out where they were and if I still had a job. They called me in and gave me the option to resign or be fired with other action taken. I broke down in the office when the hr manager and my manager had me a letter to sign. I felt I had no other choice. After sometime I re-read the letter and they said I waived all my rights to take action against them but they can against me anytime. This included bringing up any ERISA issues regarding my disabilities. Long story I know but I am still struggling with depression and severe anemia and am not sure if what they did was legal. Any info is helpful.
  • 03-28-2008, 07:30 AM
    cbg
    Re: Forced To Resign Without Release From Doctor For Disability
    Let's start by seeing if FMLA was an option.

    How many employees did your employer have within 75 miles of your location?

    How long had you worked for this employer?

    In the 12 months immediately preceding your leave, did you work a minimum of 1,250 hours?
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