FLORIDA - Disability & UI question while probable layoff is looming

[onetesslane]

First, thank you in advance to those who answer or reply in a helpful way. I've been a little hesitant to post my question because after reading some of the uneccesarily rude responses to other questions, the attitude seem so out of line for a forum with a purpose of helping others.

So, my case is a little complicated by several layering factors but I will do my best to explain, then accept any advice you can provide.
Current Situation:

-Spent last 3+ yrs working for a small (~100 employee) local bank in the loan processing dept.
-In the span of those 3 yrs: I was divorced, diagnosed with 2 sleep disorders: Delayed Sleept Phase Disorder & Obstructive Apnea, and re-enrolled in school (part time/night class or online) to change careers.
-After sleep diagnoses, I began some treatment & requested one accomadation (1 hr start time adjustment) which they granted for a temp 3 month basis after requesting a letter from my neurologist. Dr happily provided it & I followed my allowed 3 month change in schedule & did my best to work my circadium rhythym back to the same start time as the other employees. As my Dr spelled out in the letter making any long term change with DSPD is difficult and rare. This has validated my personal experience, as I've struggled with waking up for over 15 yrs without ever knowing the cause. I continue to have issues of oversleeping, tardiness (by 5-20 min), and using up almost all my PTO on the worst mornings due to migraines & extreme dizziness.
- 3 weeks ago the announcement was made that the bank has been sold to another regional bank who only has one loan processing Dept in their HQ which is 3.5+ hrs away. This change over should be completed by the end of this year and I am the most recently hired person in my dept.
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So, my problems have really compounded because the week before the "merger" announcement my boss gave me a 30 day performance warning due to my tardiness issue & abscenses. I busted my ass for 30 days, took extreme measures to wake up HOURS before I would normally need to, just to assure I wasn't late. My Drs strongly disagreed with what I was having to do to wake up that early b/c they said it was essentially creating other issues of sleep deprivation. No further action has been taken on the performance warning.

So now I know my job will be eliminated within the next 6 months and I could reasonably be fired for either attendence issues or laid off due to the bank sale at any point during that time. Needless to say my anxiety is peaked.

What (if any) are my options if I am let go due to my sleep issues? I know that DSPD is considered valid under the ADA but it is unreasonable to consider fighting to keep the job I know will be eliminated anyway in time. I know that if they fire me they will also fight any UI claim.

What are my options if I am laid off due to the takeover? The incoming bank said they will try to "find a spot" for us if our current position is no longer needed, which I'm assuming means they could technically offer me a similar position (but requiring relocation) as an alternative to a "layoff?" I cannot do that due to being in school. My local college is the only accredited program in the state for what I am studying, and I will be done by Aug of 2016.

Any info or advice is sincerely appreciated!
Tess

 

[cbg]

Part of the problem, Tess, is that the ADA doesn't give you a free pass on tardies or absences. They're not required to "accommodate" you by allowing you to be consistently tardy, even if your condition can be considered a valid ADA condition. So no, I don't think fighting a termination on the basis of tardies would be worth your while.

Your employer has an absolute right to contest your unemployment, just as you have the absolute right to file and either of you has the absolute right to appeal should the decision go against you. If you are fired for tardiness I've seen that UI decision go both ways. Primarily it generally depends on whether you knew your job was in jeopardy should you be tardy again. But we have a very experienced poster here, commentator, and you listen to what she tells you. She's helped a lot of posters here get through the unemployment process and she knows what it's all about.

If you are let go due to the merger I would expect you to be eligible for unemployment. However, it gets more complicated if you're offered another position, and still more if you are offered a transfer. I'll leave it to commentator to assess your chances in either case, but one thing I do know; if you are offered another position and you want unemployment, do not work a single day at the new job. Your chances of getting unemployment go WAY down if you do.

There are no sure things here. I hope you weren't expecting to hear that you would definitely get unemployment if x, y or z.

Oh, and you've posted nothing to suggest that your employer is doing anything illegal.

 

[HC1432]

First, thank you in advance to those who answer or reply in a helpful way. I've been a little hesitant to post my question because after reading some of the uneccesarily rude responses to other questions, the attitude seem so out of line for a forum with a purpose of helping others.

... and just to add... based on what I have seen on this forum my opinion is that other than a few exceptions, most comments are not unnecessarily rude, they are necessarily blunt and direct which may be misconstrued for rudeness. Many posters on this site are so commmitted to their assumptions that there has to have been some injustice done to them that they do not take the advice unless it is given in a very matter of fact and non-consoling manner. I believe that the experts that provide information on this site are doing posters a favor by being frank, to-the-point, and directly pointing out the "other side" of the story which often includes a significant contribution to the issue at hand from the posters themselves.

 

[Just Blue]

... and just to add... based on what I have seen on this forum my opinion is that other than a few exceptions, most comments are not unnecessarily rude, they are necessarily blunt and direct which may be misconstrued for rudeness. Many posters on this site are so commmitted to their assumptions that there has to have been some injustice done to them that they do not take the advice unless it is given in a very matter of fact and non-consoling manner. I believe that the experts that provide information on this site are doing posters a favor by being frank, to-the-point, and directly pointing out the "other side" of the story which often includes a significant contribution to the issue at hand from the posters themselves.

Wow!! Thank You!!

Written words don't convey the same "meaning" as spoken. Often on this site it is misunderstood.


Blue

 

[onetesslane]

Thank you CBG for answering!

I will repost if the offer to keep my job comes with a relocation stipulation, even though I know I couldn't/wouldn't accept it.

There are no sure things here. I hope you weren't expecting to hear that you would definitely get unemployment if x, y or z.

Oh, and you've posted nothing to suggest that your employer is doing anything illegal.

I certainly do understand there is no #1 always-true answer for this type of thing. I don't feel necessarily "entitled" to anything, just really swimming in all these complicating factors while dealing with a very frustrating medical issue. I didn't assume my bank has done anything illegal, nor do I want to do anything sleazy, take advantage, etc. I just have never been without a job since 19 and have not had any experience with the prospect of UI, etc.

 

[onetesslane]

Thank you for HC1432 for clarifying

... and just to add... based on what I have seen on this forum my opinion is that other than a few exceptions, most comments are not unnecessarily rude, they are necessarily blunt and direct which may be misconstrued for rudeness.

Now that I think about it, I believe you are probably right about how things come across via text when they are blunt/direct. Without knowing the personality of the author, it may just seem harsh from an observers POV. Either way, I like to keep things positive and polite when at all possible. =)

 

[cbg]

Hang in there, Tess, and absolutely let us know what happens. Stand by for commentator; she knows the UI system from the inside out, literally.