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I'm in trouble Florida

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  • Pattymd
    replied
    Originally posted by pacinitaly View Post
    Pattymd,
    I now know I made a big mistake taking the job at the ( retailer ) I thought I had to take any job that comes by even if it's not what I used to do or what I used to make $

    Perhaps. But I do applaud you for at least giving it a shot.

    Leave a comment:


  • pacinitaly
    replied
    Betty,
    Thank you so much for the info.

    Pattymd,
    I now know I made a big mistake taking the job at the ( retailer ) I thought I had to take any job that comes by even if it's not what I used to do or what I used to make $


    Marketeer, I will see if my Dr. will give me a note of my status. I did'nt know how out of shape I am.

    God Bless you and your families

    again, thank you
    Last edited by pacinitaly; 04-27-2009, 09:34 AM.

    Leave a comment:


  • Betty3
    replied
    However, re the above, if the OP quits or gets terminated @ they can't do the job, I would certainly apply for UI benefits. It never hurts to apply.

    add info: The poster needs to read the entire section of the handbook that was quoted - it no where says it's a guarantee you will get UI if you quit due to illness/disability.
    Last edited by Betty3; 04-27-2009, 08:37 AM. Reason: add info

    Leave a comment:


  • Betty3
    replied
    Originally posted by Pattymd View Post
    Just saying, this is not a slam dunk, either under the ADA to continue employment, or being able to quit and get UI.
    Oh, I agree in this case - not a slam dunk re ADA or UI. I was just quoting what the handbook says. I don't know if there would be a reasonable ADA accommodation in this case to continue employment or for quitting & getting UI @ taking/accepting the job in the first place. If the OP was already getting UI, I "doubt" they would have stopped the benefits if they hadn't accepted the above job as long as there are jobs out there that they can do w/o undue restrictions just as there are jobs you can't do/apply for. They just shouldn't have taken that job/applied for it in the first place - now it might be hard to get benefits if they quit.

    Leave a comment:


  • Pattymd
    replied
    I don't disagree with anything Betty3 cited.

    To play the devil's advocate, though, I could argue that "quitting for medical reasons" might not be applicable in this case, since it appears the OP is not physically capable of the essential requirements of the job itself. For example, I am not capable of heavy lifting due to high BP either; therefore, I would never apply for a job that required it.

    Just saying, this is not a slam dunk, either under the ADA to continue employment, or being able to quit and get UI.

    Leave a comment:


  • Betty3
    replied
    This is per the Fl. unemployment ins. handbook. --

    An individual may be eligible for benefits if the discharge was for reasons other than misconduct. Misconduct is defined as intentional or controllable acts or failures to take action, which show a deliberate disregard of the employer’s interest. Inefficiency, unsatisfactory job performance, inadvertencies or ordinary negligence in isolated instances or good faith errors in judgment or discretion are not deemed to be “misconduct” within the meaning of the law.

    If an individual voluntarily quits, a disqualification must be issued unless you can prove good cause for leaving. The law provides that good cause may only consist of a cause attributable to the employing unit, **illness or disability of the claimant,** recall by the claimant’s permanent employing unit within six calendar months of a temporary termination or the military transfer of a spouse.

    **The claimant must also be able to work, available for work and actively seeking employment to be eligible for benefits.** Agency regulations provide that to be considered available for work a claimant must actively seek work in a manner customary to the occupation in which work is being sought. The claimant must be without undue restrictions that lessen the chance of becoming re-employed at the earliest possible time. All claimants are required to keep a record of their work search contacts while receiving unemployment compensation benefits.

    (I added the *'s)

    Leave a comment:


  • Marketeer
    replied
    I'd suggest that you edit your post to eliminate the name of the store. Just call it a large retailer.

    I'm aware of cases that indicate that obesity and high blood pressure both can trigger protections under the Americans with Disabilities Act, which means that the employer needs to provide a reasonable accommodation. Have you approached the management of your store with a doctor's note documenting your health issues?

    Unfortunately, I'm not sure if you can quit and collect unemployment. Hopefully, someone else will respond.

    Leave a comment:


  • pacinitaly
    started a topic I'm in trouble Florida

    I'm in trouble Florida

    Hello all,
    I hope you can advise me. sorry for the rant.


    I worked from 1990--2005 as a technicial associate for a large company and the site closed, I took my severance and began work at a gas station from 2005 to thanksgiving 2008.
    the owner passed away and I was unemployed for 3mos.


    I was never on unemployment, and I had over 114 resumes out. I took a job at (a large retailer) after waiting a month for a callback from the interview and accepted a position.

    I have extreme high blood pressure 170/110 and overweight. I'm doing stockwork which is very demanding on me and I'm doing the very best I can but can't make it. I told a manager and was told they have HB too, I said your not pushing stock like an animal. everything I ask for I'm blown off. I can hardly walk after 6hrs.
    I've been put in all the heavy load depts ( food, gardening, petfood, furniture and a few times unload a truck ) in a half hour I'm soaked from sweat and my heart is pounding and my head is in such pain. I'm aware thats the job but I think they want me to quit. I ask questions and am told not to worry about the big picture just stock.

    my question is:
    can I quit for health reason and go back to unemployment.
    I wanted a more compatable job but I did not want to turn any work down.

    I'm so sorry and embarrased, please advise me...

    Carmine
    Last edited by Betty3; 04-27-2009, 03:02 AM. Reason: remove name of store
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