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Unemployment? or something else I can do

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kendra319

Junior Member
What is the name of your state (only U.S. law)? Michigan

Hi everybody, I didn't know where to post this and I just found the site now. I have a question about getting unemployment. Here's some background info, I have a carpal tunnel release surgery coming up and will be unable to work while it heals. I am employed by a temp agency in MI and they are advising me to give a two week notice and then come back after my wrist is healed. I think they are trying to get me to quit so I cannot collect benefits, but also want to have a job when all this is said and done. I've worked with this company for 1 1/2 yrs, and am trying to find out, where do I stand and what can I do? Thanks to anybody that replies!
 


kendra319

Junior Member
What can I do? Do I just quit and take the hit? There's no way I can do my job in an automotive factory with one hand.
 

cbg

I'm a Northern Girl
If you are not medically cleared for work, you will not be eligible for unemployment no matter what you do.

Does your employer offer short term disablity insurance? Is this a workers comp claim?
 

Zigner

Senior Member, Non-Attorney
^^^ Yeah, what she said ^^^



What can I do? Do I just quit and take the hit? There's no way I can do my job in an automotive factory with one hand.
You should be checking in to your state's disability program. Google should help.

Because you are medically unable to work, you won't qualify for UI.

Is this a work-related injury?
 

kendra319

Junior Member
It could be a workman's comp claim, but doubt I'll get it. I have no proof that work caused the carpal tunnel, even though I've had no issues before I started working there. And I go through a temporary agency, they don't offer any kind of insurance like that. I pay for my own medical insurance that's deducted from my pay check each week. So as soon as they fire me or I quit (whichever comes first, they've fired people before for carpal tunnel syndrome) I will have no insurance and no income :(
 

jiggy78

Member
Are you eligible for FMLA leave?

Whatever you do, don't quit. Don't resign. Let them fire you. No way you will collect UI if you quit.
 

kendra319

Junior Member
I'm not sure about FMLA. I've heard about people talking about it, but don't know anything about it or how to apply. I'm really new to all this, I just lived in a fantasy that I would always have this job:( And I'm not very good at standing up for myself, hate to admit.
 

jiggy78

Member
Do all the following apply:

Be employed by a covered employer and work at a worksite within 75 miles of which that employer employs at least 50 people

Have worked at least 12 months (which do not have to be consecutive) for the employer; and

Have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave begins.
 

kendra319

Junior Member
Yes, how would I go about applying? Is there a website anybody knows of? Thank you guys for all your help. I'm sitting here stressing waiting for the phone call saying they're ending my assignment :(
 

commentator

Senior Member
Kendra, do not quit your job. Work right up till you are forced to leave to have carpal tunnel surgery. By the way, is there any way you can postpone having the surgery until you HAVE worked a year for this employer (the temp service)?

By the way, I do not understand anything at all about how you could have been there a year and a half, which you said in your first post, and yet you say you only have 1225 hours since January. Did you work all last year? If it is in any way elective, if there is any way you can endure it, take meds, wear a brace, somehow put it off until you've been there long enough to qualify for FMLA, try very hard to do so. Carpal tunnel isn't something that's going to be fatal if you don't have the surgery immediately, just extremely painful. But remember, you're not working at your doctor's convenience, you're trying to make things work best for YOU.

Forget the "two weeks notice." Yes, at the temp service they know the rules well, know how to shaft you and keep you from being eligible for unemployment. And it is always to their advantage if you quit instead of their having to fire you. So don't meekly accept what they tell you. Verify. If you have been with them over a year and they have enough employees, all the things in the post, they must allow you to have a certain number of weeks of FMLA. You don't have to file or request a certain way to get this to happen, this is a federal law. Remember, your employer is the temp service, not the worksite.

While they can fire you for having a medically covered absence with medical excuse, they cannot keep you from getting unemployment insurance AS SOON AS YOU ARE RELEASED BY YOUR DOCTOR TO RETURN TO WORK. If they do not take you back when you return to them with a release, you are able right then to begin drawing unemployment benefits (allowing you are otherwise eligible, monetarily, I mean). If you are fired for a medical reason, it will not blight your chances of working again or look bad on your "permanent record," as I have heard employers tell workers would happen. While this particular employer may not want to hire you again, or may say they have a policy against doing so, they won't want to pay the penalties involved with you getting your unemployment benefits if you are finished with your health issues and unable to work again, either.

You cannot draw benefits for unemployment insurance while you are under a doctor's care. To qualify, you must be out of work through no fault of your own (which you will be if they fire you for being medically unable to work) and be able, available, and actively seeking a job. It is not intended for disability insurance. If your state does not have a disability insurance program, or your company (the temp service) does not have one, then yes, I'm afraid so, you can be dumped out on your head into the work search without ANYTHING, no unemployment, no disability, nothing to live on till you are able to work again. This is the American way.

I am sure you "don't like to stand up for yourself," but that's part of being an adult, and being a professional. You need to find out about disability insurances in your state. You need to determine if it would be possible to postpone the surgery until you've been with the temp service for a year. You need to determine whether or not you'll be able to get disability, or unemployment, which you're working on here, and that's a good thing. Make sure you get FMLA if you are eligible for it, instead of quitting your job.

Whatever you do, do not let them sucker you into just saying you quit your job and giving them two weeks notice. Then you'll go and have your surgery, you'll get well, you'll come back to them, and there is NO guarantee that they will save your job for you, or that they'll even have a position for you when you are able to go back to work. And if they don't, and you try to get unemployment insurance, they'll say you aren't eligible, because you voluntarily quit your job to have non-emergency surgery.
 
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cbg

I'm a Northern Girl
To clarify some of the information above:

Michigan does not have a state disabilty program. If your employer offers it, fine; if they don't, you are out of luck on that score.

For FMLA to apply, ALL of the following must be true:

1.) You must have worked for this employer for no less than 12 months
2.) In the 12 months immediately preceding the start of your leave, you must have worked a minimum of 1,250 hours
3.) Your employer must have a minimum of 50 employees within a 75 mile radius of your location

STD and FMLA are not mutually exclusive: STD and workers comp are mutually exclusive.
 

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