Ill try and make this long story short.
I was taken out of work in feb due to back injury. my position was secured due to the FMLA and then my full time position was bumped to a releif position when FMLA was up. I was told that my position was going to terminated on aug 10 and that I would have thirty days to decide if I wanted to keep my position. I received a return to work notice on aug 30. I notified my lawyer who told me to let my employer know I have a RTW notice and that if they would not take me back to file for unemployment. I notified my employer the same day and asked if I could be accomadated with my restrictions. My employer told me to give them a few days to see if they could find a position for me. My employer called me a week later and told me that they could not accomadate me and that I should apply for long term disability. I told my employer that i needed a job now because I have a kid on the way. I told my employer I was going to file unemployment and how should i go about doing it. My employer told me that i needed to cash out all of my vaction/sick time and e-mail her letter saying i resign my position. I did so and then filed unemployment.
I was denided unemployment because " you quit your job without good cause- reason- you quit your job because your employer was unable to accomodate your restrictions and you decided not to extend your leave to continue as an active employee. your employee offerd you the ability on 8/12/10 to go on long term disability and continue as an employee. You did not take actions to protect your job by taking steps to remain an active employee. under unemployment insurance law, your quit is disqualifying."
first, this notice states that my position was going to be terminated on 8/12/10 and therfore would not remain an employee at the agency.
I did take the nessasary step to secure my position but was unable to do so because THE EMPLOYER WOULD NOT ACCOMADATE my restrictions. ( my doctor stated that my restrictions would not be lifted and that I should find a different job.)
even if I did apply for long term disability I would not be considered an active employee because I could not preform the minimum job duties required.
I have been seeking employment within my restrictions and filed an appeal.
How should i represent my case?
would my doctors telling me to file for VESID and look into a different career a good enogh reason to quit?
Im confussed and need guidence. Any replyes would be great.