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cherie316

Junior Member
What is the name of your state? New York
I returned to work unwillingly in June after rotator cuff surgery. I was told that I would be getting my termination notice if I did not return by Monday (this was Wednesday). So I had my doctor sign me back in.
I am still in constant pain and am considering changing jobs. I contacted my attorney and he told me that under NO CIRCUMSTANCES am I to quit. He said that I will lose any monetary settlement a year after my surgery. I explained to him that they are giving me MORE work than I had before surgery. He said that I had to get permission from my Dr. to leave my present job and get another. Is this true?:confused:
 


B

BobNsc

Guest
Questions.. Did doctor release you to go back to work. Are you presently under a WC claim.
If doctor did not release you to go back to work, why would you.
If your attorney is a WC attorney i would listen to him or you can always call the workers compensation commision and ask them your legal rights.
 

cherie316

Junior Member
Yes my doctor permitted me to return to work in June. My injury is still acting up and he told me that I probably have to find another job. So while I've been working I've been looking. And today I had an interview. I called my attorney (worker's comp attorney) and asked what would happen if I quit this job and went to another job. He told me NOT to quit, that I would forfeit my settlement. I just want to know if this is true or if he was just worried about getting his 15% cut!
:eek:

Thanks,
Cherie
 

tigger22472

Senior Member
The company told you that you had to return which I'm not sure that's legal if the dr didn't release you on his own... however... i would suggest the following. Make an appt. with your dr, tell him/her that your pain is severe and see about the dr. removing you from work again. You played the co's rules.. You returned when they said. You have a dr.'s reason for not returning. While you are on leave then look for a job. In the end you don't quit that job and technically I believe they can't fire you.
 

cherie316

Junior Member
Well.....I've checked and checked and YES they can force me back to work. They told me that I would be terminated if I didn't return and I got scared. So the pain is still there and they are giving me MORE work. I think they want me to quit. NYS has laws for the employer NOT the employee. They can legally do this and my attorney said so. I do have an appointment with my Dr, but not until the 23rd of this month. I have to wait to look for another job after I am terminated so the attorney claims.
:mad:
 

tigger22472

Senior Member
OK so has your attorney said if they terminate you if it's legal?? If it's legal and you get nothing out of it then why stay? Either way you wouldn't get anything and this way you wouldn't have pain either. Besides they will give you a bad reference.. etc... if you get another job later. Hopefully Beth3 will come along and see this post because I just don't get how they are allowed to do this. but.. then again.. that's just me.
 

cherie316

Junior Member
Yes in NYS it is legal to teminate your employment if you cannot perform your work duties. I'm not worried about them terminating me. I wanted to get another job and give notice or quit to go to the new job. This is what my attorney was objecting. NYS sucks!!
 

tigger22472

Senior Member
Keep this post going and again I hope Beth3 can help you with this because this just seems unfair. WC and such like disability suck while your trying for it. I believe they put people to the point that they can't survive and insist on going back to work even against dr.s orders. I would think this would harm your wc case because you are injuring yourself more.. but what do I know.. I'm just a dumb country girl:D
 
B

BobNsc

Guest
cherie316

Your attorney is correct. Do not quit your job. Do go back and see the doctor for your continued pain. I was placed on WC and after one month the doctor said light duty. My compnay had no light duty for me so I stayed on WC. After 6 months I was terminated. All legal.
If your company terminates you because you can't do the job, you are still covered by WC law.
Check out this web site: http://www.wcb.state.ny.us/content/main/wclaws/newlaws.htm


Good luck and don't give up
 

cherie316

Junior Member
Yes in NYS it is legal to teminate your employment if you cannot perform your work duties. I'm not worried about them terminating me. I wanted to get another job and give notice or quit to go to the new job. This is what my attorney was objecting. NYS sucks!!
 

cherie316

Junior Member
Yes in NYS it is legal to teminate your employment if you cannot perform your work duties. I'm not worried about them terminating me. I wanted to get another job and give notice or quit to go to the new job. This is what my attorney was objecting. NYS sucks!!
 

Beth3

Senior Member
Cherie, what we don't know is WHY your employer has told you they would terminate you if you did not return to work. They cannot fire you in retalliation for having a WC claim but if, for example, you had exhausted the maximum amount of leave time available to you, then yes, they could terminate you. We don't know what the specifics of your situation are but it's possible they were doing you a favor by advising you in advance that you need to return to work or you will be terminated. Option B might have been simply to leave your leave expire and then send you a letter saying you've been terminated.

Cherie, since you have a WC attorney who is obviously going to know the most about NY WC reg's and your situation, your best option is to follow his advice and to ask questions of him if you don't understand the issues.
 

cherie316

Junior Member
Yes Beth, my leave had exhausted with the terms of FMLA. They had the right to terminate me after 12 weeks of absence. I was gone 16. I am not arguing that.
They are now since my return, giving me double work and loading me up with things to do. I am still in pain and they know this. I just wanted to know if I found a new job (with less work and less stress) why my attorney told me NOT to quit. He told me that I would lose all my benefits (settlement) if I left my current employer. He thinks they are doing this on purpose to make me quit. The NYS comp board is NOT for the worker, it's for the employer and that's not fair. I am just so mentally and physically exhausted from all of this.
I do have an appointment with my Dr. on the 23rd of this month. I am going to ask him to take me out of work. This way they will have no choice as to terminate me. And then I can look for another job.
It's just not fair. :(
 

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