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07/27/2009 10:20 AM
sassylassy25
 
Posts: 30
Member

I have recently been informed that I only have 52 more hours left on my FMLA and that I will be terminated after that if I can't work 40 hours a week. I cannot do that, and my doctor has me restricted to 30 hours a week. Does anyone have any advice????? I live in Ohio and don't even know if I could draw unemployment or not.

Please help!

Thank You

Holly

Reply

07/27/2009 10:49 AM  Top
hatbox121
hatbox121
 
Posts: 10500
Group Leader

I'd contact a lawyer and see if they can terminate you for having dr restrictions.
Amy~ “When you come to the end of your rope, tie a knot and hang on.” ~Franklin D. Roosevelt

Current dxes-Ehlers Danlos Syndrome, Mitral Valve Prolapse w/regurg, 2 other heart valves with regurg, POTS, DDD, scoliosis, various OA, polyneuropathy of unknown origin, SI joint dysfunction/fusion/collapse, chronic rotar cuff tendonitis, impingement syndrome of the shoulder, chronic bursitis in various locations, degeneration of the sternum, vertigo, GERD, FM, CFS, CPS, various bone marrow lesions, brain lesions of unknown cause, migraines, TMJ, vertically bulging discs, Raynaud's, anemia, tinnitus, high copper levels, borderline glaucoma, colon polyps, intermittent RLS, Vit D deficiency, depression, Eye accomodation disorder, Essential tremor, recurrent kidney stones, sacral spine disorder, inflammed tendons, and inflammation of spinal nerves(no specific dx).

I'm am not a dr. I am not a substitute for a dr. All advice I give is based on research and my personal experiences.

07/27/2009 10:59 AM  Top
mammy
mammy
 
Posts: 7217
VIP Member

I agree with hatbox, contact a lawyer right away, if you have a doctor's note, I don't see how they could do that. Have you considered filing for disability? If you file for SSD, you may be able to get SSDI pretty quickly depending on your situation. Please keep us posted. You are in my thoughts and prayers for a positve outcome for you.

Connie

Connie

I am not a doctor and do not play one on these forums so please consult your physician for actual medical advice.

07/27/2009 11:36 AM  Top
emendoza23
emendoza23
 
Posts: 2221
Senior Member

Holly, I can tell you that I was terminated for the exact reasons and situation from my very much needed job. They fought me on unemployment, but I tell you what, here in Texas, you can not legally terminate an employee with a doctors restriction or even during a documented illness.

I know you live in Ohio and I live in Texas, but it only seems fair that you draw unemployment. I filed the day I was let go and told them the whole story about my illness (unemployment). The company I worked for stated excessive abscenses, but they were all due to illness. The unemployment office never asked to see any paperwork from me at all. If you have submitted all documentation to your company, you should be able to draw unemployment in the least. I get the maximum for 6 months plus an extension if needed for an additional of 13 weeks.

Now, Texas may be different than your state, but I would file on the 53 hour if this is to happen to you.

Elizabeth

The best kind of friend is the kind you can sit on a porch and swing with, never say a word, and then walk away feeling like it was the best conversation you've ever had.

I am just like you and I am on MDJ for support and true friendship. Please, always consult with your doctor about medical advice and medication, never take one's opinion regarding your most precious asset which is your life.

~Elizabeth~ :)

Previous discussions I participated in:
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09/02/2009 03:40 PM  Top
suni19
 
Posts: 230
Member

My employer only had to hold my job for so many hours. I could come back after that, but it would most likely be a different job, different hours...etc.

I was told in order to receive unemployment, I have to be able and willing to work a 8 hour/day 40 hour week job. You have to be physically able to look for a job 5 days a week.If you can still work I think that may make a difference in your unemployment claim. I would go in and talk with a worker face to face.

Since, I'm sick I cannot be out looking for work. There's just no way I can work right now.

Social security asks first thing if you are working...if you are, they don't even complete the application process. And they weren't interested in my reduction of hours, though I think that should count as well towards my disability.

Now maybe they would do it because you can't work a 40 hour week. (Soc. Sec. says the 8/hrs/day, 40 hrs/wk). I haven't worked 40 hrs. a week since October or November '08, but they put my disability date at the last date I worked so February, 09.

I'm hoping if I go before a judge they will allow me to back date my disability date to at least 11/08. I think an attorney would help me fight for this as

well.

Sorry you are having to deal with all this. I know how hard it is.

Hugs!!

~Tammy~

Post edited by: suni19, at: 09/02/2009 03:42 PM

file:///C:/Users/Olsen/Pictures/GIFs.gif

09/02/2009 03:46 PM  Top
cherokeef34
cherokeef34
 
Posts: 755
Senior Member

i will pray you get it ...

09/02/2009 04:06 PM  Top
aTinaL
aTinaLPosts: 11832
VIP Member
I'm an Advocate

Holly, I have to agree with everyone else on this one, talk to a lawyer! asap! You should get a free consultation no matter where you go. You can check with your local bar association- they all have attorney referral services. There may be a nominal fee, but they'll give you a couple of attorneys to talk to that specialize in such matters.

Hang in there and let us know what happens!

Tina

"Calm down! Let's cook some carrots!"
- Jim, Hell's Kitchen


"All aboard the suboxone train!"
- Tina


I'm not a doctor, but I play one on tv!
-Tina

09/02/2009 04:13 PM  Top
broken
broken
 
Posts: 9231
Group Leader

I also agree..get a free consult..
we all have alot to give if one gets the help then some of this suffering is worth it..

remeber I am not a doctor I just say what I think

09/21/2009 11:27 PM  Top
keltec
keltec
 
Posts: 75
Member

ask your dr if your fibro could have been made possible by work or made worse by your job, then it would fall under worker's comp or work related disability.

Does ohio have a work at will/fire at will policy as ky does?

Last thing I could think of before contacting an attorney for (hopefully) free advice is looking up the americans with disabilities act and read up on it and be informed when you talk to your HR office. Good luck and I hope you can come out on top.

keltec


09/22/2009 10:57 AM  Top
HAMPTON7026
HAMPTON7026
 
Posts: 1366
VIP Member
I'm an Advocate

Hi keltec, As an employer in the state of Ohio I'm pretty sure Ohio doesn't have a fire at will policy. If I chose to fire someone I must have sign docoments of warnings in order to keep someone from getting their unemployment. Such as write ups for being late and write ups for poor preformance. If I don't have such write ups signed by the employee they are allowed to collect unemployment if I fire them. If they quit I don't have to pay unemployment. If I just fire they whithout good cause I have to pay unemployment benefits to them and I have to pay if I lay them off.

Hope this helps answer your question! Welcome to the group!

Lori

I'm not a dr, anything stated in my post are from my own personal experiences.

I am a Herbalife distributor and have been trained in nutrition and weightloss. If you have any questions please send me a pm.

Never give up the fight we are all in this together.

Lori
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