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  1. #1
    Join Date
    Aug 2005
    Location
    Washington
    Posts
    10

    Unhappy UI Denied Due to Employer Saying I Am Unable and Unavailable for Work

    My question involves unemployment benefits for the state of: Washington

    On May 20th, 2013 I had a COPD flare up. (Shortness of breath, sweating, clammy skin) taken to the hospital I stayed over night and was released Tuesday with a "Restricted Duty" note(NOT a "Light Duty" note)from the ER doctor. I went to work Wednesday the 22nd and the company rejected the note and refused to allow me back to work without a full release even though I could do the work (Pipe cutting) on 2 other machines which were single operator. I did point out I was able to work, just not at the speed I once did and they again rejected my request to work under "Restricted Duty". . The machine I was trained on, was really a 2 person machine, but there were times I either ran it myself, or had one of the other employees help.

    I then went to my personal physician and he refused to allow me to go back to the employer as he felt my health was too damaged to continue working there. My BOL (Blood Oxygen Level was low 90's high 80's) and he felt I should be on oxygen or was close to it. I had NO idea my physician would do this and had I known, I probably wouldn't have said anything regarding the job, only to get the release.

    I then called my employer and explained that due to my doctors refusal to grant a full release and his opinion of serious health repercussions, I had to quit the job.

    I then filed for UI and was recently denied the benefits.

    The company has claimed I am unable and unavailable for work. I have a hearing later this week with judge to decide case.

    Suggestions?

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: UI Denied Due to Employer Saying I Am Unable and Unavailable for Work

    Well, you quit. I don't think you'll have any luck at your hearing because you terminated your employment, not the employer.

    Its unknown exactly what the employer would have done if you did not quit.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: UI Denied Due to Employer Saying I Am Unable and Unavailable for Work

    For what? You are, by admission, physically unable to work. Therefore, you do not qualify for UI.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: UI Denied Due to Employer Saying I Am Unable and Unavailable for Work

    Quote Quoting Genenco
    View Post
    I went to work Wednesday the 22nd and the company rejected the note and refused to allow me back to work without a full release even though I could do the work....
    That would presumably be because they didn't want to gamble on your assessment of your own capacity, and end up with you fainting into industrial machinery.
    Quote Quoting Genenco
    I then went to my personal physician and he refused to allow me to go back to the employer as he felt my health was too damaged to continue working there.
    In other words, your personal physician determined that you are completely disabled from returning to your former job due to a chronic medical condition.
    Quote Quoting Genenco
    I had NO idea my physician would do this and had I known, I probably wouldn't have said anything regarding the job, only to get the release.
    You mean, you would not have told the doctor anything about your job duties? I don't know if he would have released you had you not described your job, nor that your employer would have accepted a note releasing you to unspecified duties. But the question is moot, as the doctor had the appropriate information.
    Quote Quoting Genenco
    I then filed for UI and was recently denied the benefits.
    Unemployment is only available for people who are able and available for work.
    Quote Quoting Who is Eligible for Unemployment?
    Who is Eligible

    You must meet specific criteria to be eligible for unemployment benefits in Washington. For example, you must be:

    • Employed for at least 680 hours in your base year in covered employment .

    • Unemployed for reasons that are not your fault. For example, you:

    - Were laid off.
    - Are still working, but your hours were cut back.
    - Were fired for a reason other than misconduct or gross misconduct.
    - Quit for a good-cause reason.

    • Able to and available for work.

    • Actively seeking suitable work .

    • Legally authorized to work in the United States and have been authorized to work during your base year.

    Everyone’s circumstance is unique. We’ll decide if you are eligible for unemployment benefits based on the facts about your job loss. Knowingly breaking the rules is unemployment-benefits fraud, which may lead to serious penalties. If you have questions, call the claims center or visit our website and enter “eligibility” in the search box. You also can ask a question through esd.wa.gov. Click on “ask questions about your claim” and choose “submit a question.”

    What is able and available for work?

    You are able to work if you have the physical and mental capacity and the legal right to work each day you claim benefits. You are available for work if you are immediately ready and capable of accepting suitable work in your labor market . You must be ready to accept the work during all customary hours for your occupation each day of the week you are claiming benefits. Examples of not being able to or available for work:

    • Vacationing.

    Being ill or hospitalized.

    • Not having child care or transportation.
    You have told us that you are no longer physically able to perform your former job, and cannot obtain a medical release for that work. You have not told us what type of work you remain able to do, or if you have been seeking that work. Although quitting due to illness doesn't necessarily disqualify an applicant from unemployment, state statutes suggest that you need to document that you were totally disabled and that have been released to work, and strict time limits are involved. See RCW § 50.06.020 - 030 ("The benefits of this chapter shall be allowed only to... Individuals who are reentering the workforce after an absence of not less than thirteen consecutive calendar weeks resulting from temporary total physical disability because of a nonwork-related injury or illness: PROVIDED, That individuals authorized to receive benefits under this subsection are required to meet other eligibility requirements under Title 50 RCW." RCW 50.06.020(2)).

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