Appeal due to health

[Rlkaveritt1]

What is the name of your state (only U.S. law)? Az

 

[Just Blue]

What is the name of your state (only U.S. law)? Az

Please edit the ^ post and do not use the "preview function".

Thank You

Blue

 

[Rlkaveritt1]

I was written up for tardiness & absences. I requested an accommodation for my disability, so I could better bring up to policy. The manager laughed at me, saying my request was ridiculous & no one has ever heard of no repetitive bending and stooping at waist while picking up heavy product. My Heath had declined & I was having to take heavy medicine at night. I just tried to do the best I could without support from management. I woke up late & called to let management know. The hr lady indicated to me I was going to be terminated, & why was I not on fmla tentative leave for the disability. I did not know that was an option for me. Now I have to file an appeal & need advice on medical & disability ?

 

[eerelations]

File an appeal with who?

 

[cbg]

I'm trying to make the connection between an accommodation for bending at the waist and lifting heavy objects, and being terminated for tardiness. Having an accommodation for one thing does not give you permission to be tardy unless the accommodation in and of itself authorizes tardiness (i.e. a flexible schedule).

Nor is it clear how a leave under FMLA would have helped with either.

Please clarify.

 

[Rlkaveritt1]

I see your point. I ask for the accommodation mainly because I was having to miss work, and needed to bring my health up, which would allow me to not call out. The work load had doubled, I was not able to perform anymore. Losing sleep due to the increased pain & stress. A month or so later I took heavier pain med & muscle relaxer to get rest & woke up late, then the bus was late. So I called tovtell them I would be late. I was terminated. The hr manager indicated I was going to be terminated, then ask me why I was not on FMLA intermittent leave. I had no idea this was available to me. I don't feel I should be denied unemployment because I was asking for help , but was laughed at instead.

 

[Rlkaveritt1]

I see your point. I ask for the accommodation mainly because I was having to miss work, and needed to bring my health up, which would allow me to not call out. The work load had doubled, I was not able to perform anymore. Losing sleep due to the increased pain & stress. A month or so later I took heavier pain med & muscle relaxer to get rest & woke up late, then the bus was late. So I called tovtell them I would be late. I was terminated. The hr manager indicated I was going to be terminated, then ask me why I was not on FMLA intermittent leave. I had no idea this was available to me. I don't feel I should be denied unemployment because I was asking for help , but was laughed at instead.

 

[cbg]

You never answered the question as to who you were filing an appeal with. Were you denied unemployment and that is the appeal you mean? You didn't really explain that either.

Unless the accommodation you requested was a short leave, and you provided medical evidence that this leave would allow you to return to work and resume all the essential functions of your position, then asking for an accommodation was the wrong way to go.

 

[Rlkaveritt1]

Yes it is for unemployment. I have a well documented disability for my job & was having to stock freight beyond my weight restrictions, so because the pain I dealt with was getting worse I ask for this accommodation. I did not know at the time , that he was violating the policy of the ADA & EEOC. This man is required to allow a requested accommadtion unless he can show undue hardship for the company. A simple rearrangement of the schedule would have been needed. He was discriminating against me. I requested to use my leave time available to me to return to the Dr. have treatment & even though the request was part of my restrictions , I would bring more documentation for this request. My leave was denied, stating I did not have enough time, however when I received my final check it showed 30 min. shy if my request. This man could have approved 30 min unpaid, he knew why I was asking for the time off. Then I requested 2 days off when vacation for employees started, saying it could not be put in system. I know I ask for the same time last year & it was approved. I also felt I was being discriminated against by him allowing another employee to & not put away the products when she was scheduled. Rather leaving it all for me to put away. I ask the manager why she was allowed to be there 4 hours and not do anything. His answer was to schedule me everyday to do all the physical labor. That's what I had been doing , more than I could handle, when I ended up late for work. I had many absences, but it was not reported as why I was let go. They knew I was being worked beyond my limits, even the higher manager knew. I do feel I deserve unemployment & intend on filing a charge for discrimination & retaliation.

 

[Zigner]

Best of luck to you.

 

[commentator]

In order to receive unemployment benefits you must be out of work through no fault of your own, and able available and actively seeking other work. If your termination was for health related issues, they're going to request a medical statement from your physician stating that you are able available and actively seeking other work without restrictions. If you are not able to work without restrictions and it is not a worker's compensation case, you do not qualify for unemployment, end of story. If you were denied for absenteeism and you did not have a doctor's excuse for the last time you were absent before you were terminated, you are very likely not qualified for unemployment insurance.

 

[cbg]

Yes or no.

Did you at any time provide them with medical confirmation from your doctor about the limits you needed and which of your job duties you could and couldn't do?

 

[Rlkaveritt1]

I did supply them with medical info. An outside company compiled all info.. I was on restrictive duty and had a weight limit. I was not denied for absenteeism, & I did bring bring a Drs note, because I called out the following day. So why wouldn't the drs not covet my being I'll on the day I was late.

 

[cbg]

What "outside company" provided the info? What information did they provide? What authority did they have to do so?

It would be much easier to determine if you have any legal recourse if you would actually provide a little information. I am about to give up - I am not a dentist and I do not pull teeth.