UTAH In December 21st, 2009, I was in a serious automobile accident which hospitalized. I have worked with this company for about 3 months in SLC, UT. Since my accident, my supervisor has been pestering me to return to work by the end of January. Even though when I was in the hospital, she verbally promised both my wife and I, she would hold exempt position for 3 months. My doctors are not willing to release me back to work until March 21st, 10, and now she has told me she is going to let me go if I am not back to work by the first week of February. Even though i am in a wheel chair I would still love to return to work, but it is not up to me. I am not allowed into the building without an approved return to work date written by my doctor. I do not understand how the company who is restricting me from returning to work because I do not have a doctor’s approval, can turn around and fire me due to the same reason even though I have no control over the paper work. Please help! What should I do?
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std claim
- Thread starter cbatem3
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commentator
Senior Member
Yes, they can certainly do it if you are not covered by FMLA. Since you worked there only 3 months before your accident, that's not an issue. When you are terminated, you need to file at once for your unemployment insurance. You will not be eligible for it until you are fully released by your doctor, which should be about March, but at least you will have it all set up and ready to go when you are able, available and ready to look for another job.
STD Claim
Would it be wise to push my doctor to release me back to work sooner? For example: if they would allow me to work from home or return in my wheel chair. Should I make the effort to go back sooner? Or does returning put me within the same risk of being terminated if I have any more health or attendance problems? Why would my own supervisor tell me I can have short term disability for maximum of three protected months, then approve all the time, even pay me for 100% for the first 3 weeks of my leave. Them suddenly be able to change her mind. I understand how FMLA is different from STD although I just feel like the company should have to honor her word. She calls at least twice a week to make sure I know she is the one who calls the shots and my job is in her hands. She is the only one who can make the decision to keep my or let me go. If I could control the any of the paper work, I would suggest to start working from home or to try for reduced work schedule by month end. I also would hope they would at least tolerate my PT hours until I was able to start walking again. Once I could be back on my feet I should be able to return as FT employee. For now, I am still in a wheel chair and know the doctor sees this as a work restriction. Additionally, I am forbidden to weight bear at all until the bones in my back show they have healed enough to tolerate my own body mass. I just do not understand why termination would be a good option for them. Due to they would still have to pay unemployment which is going to be more then 60% of my wage which is what SYD pays? Can my supervisor really have this much power over my position? Does she have the right to call me each week and harass me for a return to work date? The stress is not helping me heal.
Would it be wise to push my doctor to release me back to work sooner? For example: if they would allow me to work from home or return in my wheel chair. Should I make the effort to go back sooner? Or does returning put me within the same risk of being terminated if I have any more health or attendance problems? Why would my own supervisor tell me I can have short term disability for maximum of three protected months, then approve all the time, even pay me for 100% for the first 3 weeks of my leave. Them suddenly be able to change her mind. I understand how FMLA is different from STD although I just feel like the company should have to honor her word. She calls at least twice a week to make sure I know she is the one who calls the shots and my job is in her hands. She is the only one who can make the decision to keep my or let me go. If I could control the any of the paper work, I would suggest to start working from home or to try for reduced work schedule by month end. I also would hope they would at least tolerate my PT hours until I was able to start walking again. Once I could be back on my feet I should be able to return as FT employee. For now, I am still in a wheel chair and know the doctor sees this as a work restriction. Additionally, I am forbidden to weight bear at all until the bones in my back show they have healed enough to tolerate my own body mass. I just do not understand why termination would be a good option for them. Due to they would still have to pay unemployment which is going to be more then 60% of my wage which is what SYD pays? Can my supervisor really have this much power over my position? Does she have the right to call me each week and harass me for a return to work date? The stress is not helping me heal.
They don't have to accommodate you working part-time or from a wheelchair or from home depending on the nature of your job and what you need to be doing to get it done.
Yes even if they did agree to modified job duties they can place the same attendance requirements on you as they would anybody else.
They certainly can fire you if you can't come back to work because nothing is protecting your job at this point.
The verbal promise by your supervisor to hold your job would be hard to prove and would probably not be enforceable anyway.
You can ask your doctor to release you earlier but that's completely up to them if they choose to do so. You would not be eligible to collect unemployment until you have this release.
Yes even if they did agree to modified job duties they can place the same attendance requirements on you as they would anybody else.
They certainly can fire you if you can't come back to work because nothing is protecting your job at this point.
The verbal promise by your supervisor to hold your job would be hard to prove and would probably not be enforceable anyway.
You can ask your doctor to release you earlier but that's completely up to them if they choose to do so. You would not be eligible to collect unemployment until you have this release.
commentator
Senior Member
No, your employer is just exercising their right to let you go because it is convenient for them to refill your position with someone who does not have health issues, or because they need to drop a position from their payroll due to the economy, or because they don't like you and want to take this opportunity to get rid of you. It can be any of these things, believe me.
I wouldn't try to get my doctor to release me too early. No matter what, you're going to need adequate time to heal, your company does not in any way have to accomodate your disability, and they probably will not go along with your coming back in a wheelchair or any such thing even if the doctor does release you to light duty. They would be worried that you might fall or injure yourself while at work, which would be a great negative to them, as you might then in some way hold them responsible for your future problems.
You are very lucky that you worked for a company that has disability insurance at these good percentages of your pay. In many states, working for many companies, you get nothing at all while you are out due to a non work related injury, and then may lose your job for absenteeism when you are unable to come to work. It sounds to me as though your supervisor was pretty nice to you, actually. Her supervisors may now be telling her that she needs to get rid of you. In any case, what has been done for you has been much nicer than it legally needed to be.
Unemployment, which remember, we are telling you you will not be able to get until you are fully released by your doctor, is going to be something like $428 a week, provided you qualify for the maximum Utah state benefit, which is based not on your last 3 months of employment at all, but on the base period, which is about the last 18 months, where you have been working and how much your wages have been.
It is NOT going to be paid by your most recent employer in this case, though they will be paying unemployment taxes to the state, and their taxes may increase due to your being approved. But this is not a significant negative to them in this situation.
I wouldn't try to get my doctor to release me too early. No matter what, you're going to need adequate time to heal, your company does not in any way have to accomodate your disability, and they probably will not go along with your coming back in a wheelchair or any such thing even if the doctor does release you to light duty. They would be worried that you might fall or injure yourself while at work, which would be a great negative to them, as you might then in some way hold them responsible for your future problems.
You are very lucky that you worked for a company that has disability insurance at these good percentages of your pay. In many states, working for many companies, you get nothing at all while you are out due to a non work related injury, and then may lose your job for absenteeism when you are unable to come to work. It sounds to me as though your supervisor was pretty nice to you, actually. Her supervisors may now be telling her that she needs to get rid of you. In any case, what has been done for you has been much nicer than it legally needed to be.
Unemployment, which remember, we are telling you you will not be able to get until you are fully released by your doctor, is going to be something like $428 a week, provided you qualify for the maximum Utah state benefit, which is based not on your last 3 months of employment at all, but on the base period, which is about the last 18 months, where you have been working and how much your wages have been.
It is NOT going to be paid by your most recent employer in this case, though they will be paying unemployment taxes to the state, and their taxes may increase due to your being approved. But this is not a significant negative to them in this situation.
STD Claim
One last question, - Assuming I am terminated for not returning due to the aforementioned reasons, I would also lose my medical coverage. At which point I would not be able to pay for future medical care. Would this not automatically count me as being released from my doctor’s care? In turn, making me eligible for unemployment or possibly disability benefits?
One last question, - Assuming I am terminated for not returning due to the aforementioned reasons, I would also lose my medical coverage. At which point I would not be able to pay for future medical care. Would this not automatically count me as being released from my doctor’s care? In turn, making me eligible for unemployment or possibly disability benefits?
eerelations
Senior Member
Being released from your doctor's care for the sole reason that you no longer have medical benefits does not at all mean that you are medically fit to work/search for work.
commentator
Senior Member
Unemployment insurance has absolutely nothing to do with health insurance. Or COBRA, or disability, except that if you are too disabled to work, you cannot receive unemployment insurance. You have to be able, available and willing to accept full time (in most cases) work.
What will tell the unemployment office that you are full released by your doctor is one of their statements, completed by your doctor, verifying that you are fully released to return to work with no restrictions. Not that you have lost your insurance coverage. Lots of people get unemployment who have never even had employer provided health insurance.
Social security disability benefits are another issue all together. They cannot be filed for unless you are out of work for a certain quite extended period of time, and are not able to go back to work in the forseeable future. At the point you are approved for Social Security disability benefits, you are no longer able to draw unemployment insurance, as the two programs are contrasting, e.g. ready to work/unable to work
There is a huge hole in our safety net, folks.
What will tell the unemployment office that you are full released by your doctor is one of their statements, completed by your doctor, verifying that you are fully released to return to work with no restrictions. Not that you have lost your insurance coverage. Lots of people get unemployment who have never even had employer provided health insurance.
Social security disability benefits are another issue all together. They cannot be filed for unless you are out of work for a certain quite extended period of time, and are not able to go back to work in the forseeable future. At the point you are approved for Social Security disability benefits, you are no longer able to draw unemployment insurance, as the two programs are contrasting, e.g. ready to work/unable to work
There is a huge hole in our safety net, folks.
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