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  • Forced to resign for medical reasons

    Ok. I work (or was working) two jobs. One was for a retail chain (which I'll just call my day job) and the other was for the fire service.

    I suffered a hernia while training for the fire service in April, didn't realize what was going on until May. So I went into the clinic to get it diagnosed, and got a doctor's note that cleared me for work, but no lifting, and light duty. I took this note to my manager for my day job where I work and explained that it wasn't an on-the-job injury here. She said that since it wasn't work-related, that they can't give me reasonable accomodations for light duty, and took me to HR, who explained that she would talk with the store manager and my direct supervisors to see if they were just going to give me a medical resignation, discharge, hold the position open for 30 days or leave me on the books for a bit (which sounded like leave with pay to me).

    They called me a few hours ago and explained that they are giving me a medical resignation, since there are no "light duty positions for people who injure themselves off the job". Those were her exact words, or close to it. I've only been there about 6 and a half months so have no vacation or sick pay, but is this something they're allowed to do?

    Also, slightly related, but if so, would I be eligible for unemployment?

  • #2
    Yes. It is a little disturbing that they have you using the term "medical resignation". Don't sign anything that says that or you will make UI difficult. It is a firing or a lay-off initiated by the company because you are not physically able to do the job. You have told them that you are available to work. They have said that they have nothing for you other than the job that you cannot currently do.

    Also, they may chose to call the injury "off the job" since it didn't happen there. But, it is a work-related injury which I would think should help you with the UI people (although I don't know since I haven't run into this situation before). In presenting this, of course, you need to make clear that you are available for work for which you are qualified. If your "light duty" however, is so restrictive that you cannot do much of anything, you could be deemed unavailable for work which would disqualify you from UI.
    Last edited by Scott67; 05-15-2010, 05:46 PM.
    Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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    • #3
      Thanks.

      I am going to consult with a lawyer monday possibly (my dad knows one that he is going to call, but he might be a criminal attorney and not civil), and see what my options are.

      Not to give out a life story here, but it was just a part time job that I was holding down to pay off student loans. Since I'm enrolled for this fall, I'm going to look into student deferments. If this happens I should have enough money to pay my other bills until i get back to college.

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