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Unemployment compensation for unexpected release

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Range

Junior Member
What is the name of your state (only U.S. law)? Wisconsin
I recently developed an allergy to a product or products that we use at my company. I have worked here for 4 years and had no problems before. This allergy has made it so that I can really no longer preform my duties. I have seen my doctor and have had numerous talks with the company RN. The company wants me to go see an allergist to hopefully determine what it is I am allergic to. I currently get allergy shots every 3 weeks due to my other allergies. So I asked my allergist just like the RN asked me to about this second level of allergy testing. His advice was clear that the testing would be unsafe. The risks far out way any benefits I would receive. I informed the RN and she said "okay but let me see if I can find a doctor who will do it." Since then she has contacted 4 allergists and all 4 have said "no". I was informed on Friday that if the company cannot come up with a safe accommodation for me that will not hinder the work of my co-workers they will do that but if not then we will have to let you go. I understand their position and I am not fighting that but what I need to know is this. The RN said that she was going to keep looking for a doctor to do the test, I have been told by my doctor that it would be too risky to do the testing on me due to my current allergies plus a fairly serious heart condition. Now do I have the right to deny the testing? If I do deny the testing would that affect any possibility of me collecting unemployment? As we know the job market isn't the best right now and I need to make sure that I will be able to have some sort of income for my family. I have a baby due in less than 3 weeks and I am pretty nervous of this out come. I don't want to put myself at risk and I also don't want to be stuck with 0 income for no matter how temporary it may be. So am I safe or do I have to subject myself to the testing?
 


OHRoadwarrior

Senior Member
It sounds like your sensitivity is due to pregnancy. At 3 weeks out, you should not be subjecting the child to these allergic reactions IMO.
 

OHRoadwarrior

Senior Member
I am not pregnant my wife is.
ROFL. Glad we clarified that. When my wife had our son, the minute she was put into a room, I advised the nurse she could not have the baby here. Stunned the nurse looked at me and grew even more confused when I advised her there was no TV remote in the room.
 

Zigner

Senior Member, Non-Attorney
You may wish to explore a work-comp claim. This sounds like a work-related illness to me...
 

commentator

Senior Member
Being out of work for health related reasons and drawing unemployment compensation are mutually exclusive. In order to draw unemployment benefits, you must be out of work through no fault of your own, AND fully able, available and actively seeking full time work. If you were out for a period of time while being treated and at the point where you were released by your doctor to return to work, and the employer refused to take you back, that would be the first point at which you would remotely have a possibility to qualify for unemployment benefits.

unemployment is in no way designed to cover you when you are off from work due to an illness or disability. It is not based on need or income level. It is insurance carried by the employer against the time when THEY remove you from work without your control of the situation when you would otherwise be fully able to do the work. I also suggest you go for the Worker's Comp angle, which would provide you with actually more income while you are away from work than unemployment would if you were approved, which won't happen. This situation definitely sounds work related.
 

ecmst12

Senior Member
An allergy to something at the workplace is NOT an illness or injury and wouldn't make OP incapable of seeking or performing work at any other workplace.
 

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