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  1. #1
    Join Date
    Apr 2015
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    3

    Default Fired Due to Absence from Work While Updating Disability Information

    My question involves labor and employment law for the state of: Washington

    Hey folks so I have an open L&I claim from a workplace injury that pertains to this issue. The injury is both of my wrists. I was on light duty and my supervisor came to me with a new light duty assignment. He wanted me to work in a labor intensive position that I could not possibly do with my hands in their current state. I told my supervisor this, and he said I should be able to do the work because I only had doctor restrictions on one hand. I was unaware of this, and my supervisor was well aware that it is a bilateral injury (I had been wearing splints on both hands to work for well over a month at this point, and it was stated as a bilateral injury to begin with). He got HR involved, and HR told me if I cant do the work, I needed to take a U and get updated doctor restrictions. I told HR I would take the U and that the earliest I could get updated restrictions would be 2 days from then. I then went back to talk to my supervisor, I told him Id be taking the U and seeing the doctors in 2 days for updated restrictions and asked him if there was any other work for me that I can do currently. He said no, I then left work and went home. Immediately following the 2 days was the weekend, and over the weekend I received mail from work stating I was being "voluntarily terminated" for not showing up to work for those 2 days. Monday morning I returned to work and talked to the same lady from HR again. She claimed that both her and my supervisor were unaware of why I was absent and that the result was a termination. This is a blatant lie as I made it very clear to both HR and my supervisor that the earliest I could get updated restrictions was 2 days after the incident, and I wasnt to return to work until then. The HR lady said I was supposed to return to work those 2 days because they had other work for me to do. This doesnt make sense because the whole reason I was sent home from work was because the only work they had for me, I was unable to do. And no attempt was made by work to contact me as to why I didnt show up either of those 2 days.

    That is what happened, and Im wondering is there any case here? So far I have attempted to contact a few lawyers but none have gotten back to me. If there isnt a case to be made here, can I collect unemployment or disability? I cant realistically find a new job until my hands are fixed, and am wondering what I can do for income in the mean time.

    Any help is greatly appreciated, thank you for your time.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired Due to Absence from Work While Updating Disability Information

    Who said you were not to return to work during those two days?

  3. #3
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Fired Due to Absence from Work While Updating Disability Information

    Disability I don't know about A few states have a disability program. Many do not. But can you collect unemployment, well,absolutely not right now if you cannot work, until you are released by your doctor to return to work. In case of worker's comp, it may be that if you are released with some restrictions, you can be approved.

    Unemployment isn't for those too disabled to work. If you have a work related injury and can do some work, it will depend. File and see. Right away I'd go ahead and file the claim for unemployment. Do it immediately, even with the conditions and restrictions that you have right now, to set up the claim and let them explain to you exactly when you could begin to draw, get the process started. Even if you later turned out to have something you could sue about related to the worker's comp situation you still need to file for unemployment, the two programs are not mutually exclusive and a worker's comp settlement or any other monetary gain will not affect your eligibility for unemployment. You must be out of work through no fault of your own, and able, available and actively seeking other work to qualify. Go on and file, as I said, and let the system explain all this to you at once.

  4. #4
    Join Date
    Apr 2015
    Posts
    3

    Default Re: Fired Due to Absence from Work While Updating Disability Information

    Quote Quoting cbg
    View Post
    Who said you were not to return to work during those two days?
    I was told by HR either do the work provided or leave and take the "U" to get updated restrictions. I asked my supervisor if there was any work I could do without/before getting updated restrictions and he said no. I took the U knowing that 1. I didnt have prior attendance issues that would make this eligable for termination and 2. A "U" lasts an indeterminate amount of time, as long as it is for the same incident. Eg- car braking down so you cant get to work, if you miss one day or five days, it still counts as one "U." And again, I specifically told both HR and supervisor I wouldnt be returning until after I had the new restrictions in two days.

    Quote Quoting comment/ator
    View Post
    Disability I don't know about A few states have a disability program. Many do not. But can you collect unemployment, well,absolutely not right now if you cannot work, until you are released by your doctor to return to work. In case of worker's comp, it may be that if you are released with some restrictions, you can be approved.

    Unemployment isn't for those too disabled to work. If you have a work related injury and can do some work, it will depend. File and see. Right away I'd go ahead and file the claim for unemployment. Do it immediately, even with the conditions and restrictions that you have right now, to set up the claim and let them explain to you exactly when you could begin to draw, get the process started. Even if you later turned out to have something you could sue about related to the worker's comp situation you still need to file for unemployment, the two programs are not mutually exclusive and a worker's comp settlement or any other monetary gain will not affect your eligibility for unemployment. You must be out of work through no fault of your own, and able, available and actively seeking other work to qualify. Go on and file, as I said, and let the system explain all this to you at once.
    Thank you, I will get on it. My worry was that my termination was called a "voluntary termination," making it sound like I quit, and that would make me ineligible for unemployment I believe.

  5. #5
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Fired Due to Absence from Work While Updating Disability Information

    You don't have to believe. They will work it out in the agency. The employer can call it anything he wants to, but the unemployment system will still look at whether or not you're out of work through no fault of your own. That's why you always need to file, even though you were terminated for cause, or they say you quit, or you did quit, or whatever. It costs nothing, and takes nothing but a bit of time, and you get the decision from the experts.

  6. #6
    Join Date
    Apr 2015
    Posts
    3

    Default Re: Fired Due to Absence from Work While Updating Disability Information

    Good to know, I have applied. Do you happen to know how or if unemployment works for someone whos injured? Unemployment is for people who have lost their job and is there to help them while they find new work as far as I take it, key words being "while they find new work," but how can one find work while injured? I cant just jump into any job out there in my current state, I cant even think of any jobs thats require little to no use of the hands, is this something the doctor in charge of me discusses with unemployment, as to weather or not I am able to find work? Or am I just SOL until my hands get better?

    And again thanks for the help.

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