by chuck
(TX)
I have a history of back problems going back years, which seem to have gotten worse since I started this job about eight months ago. It is well documented with my general physician, and I just started seeing a chiropractor last week, but so far, no real improvement (I realize it could take months). They may accommodate me with a different chair, but since I’ve had this pain for years, even sitting at home in my more ergonomically designed chair even as I type this, I am still in pain so I don’t think a different chair will make a difference. If I quit, would I be able to collect unemployment benefits while I look for another line of work, something where I’m not sitting all day?
Hi Chuck,
I would not feel comfortable quitting without first seeking accommodations or acquiring medical documentation that says you need to find work that doesn’t require sitting all day .. especially in Texas.
I have seen medical documentation which requires that a person be allowed to walk or stand a certain number of minutes each hour.
Employer’s often dislike medical restrictions and think they have authority to not comply, but when you document your efforts well, they learn this isn’t so, if they want to deny unemployment benefits to an employee who quit with good cause because the employer didn’t care what a doctor ordered a patient, also their employee to do for their health.
They shouldn’t really insist on “unpaid FMLA” before addressing the valid reasons to deny an accommodation especially when the person is able and available to work.. just with physical limitations.
But I still don’t think it’s a bad idea for you to check out the Texas appeal policy and precedent manual. The link is on the bottom right of the page .. under resources.