Fired while recovering from surgery - Released with work restrictions, but employer cannot accomodate.
by RYAN BASH
I TORE A TENDON IN MY ELBOW WORKING AT HOME. IT REQUIRED SURGERY. MY JOB WOULD NOT ALLOW LIGHT DUTY.
OFFERED FMLA LEAVE, WHICH WILL NOT COVER MY RECOVERY NEEDED TO DO FULL DUTY ON MY JOB.
THEY WERE OFFERING A VOLUNTARY LAY OFF. BUT, SAID I COULD NOT TAKE IT. INSTEAD , IF I CAN NOT RETURN ON FULL DUTY, I WILL BE TERMINATED.
WHAT CAN I DO ?
The statute may vary some as far as being released back to work with light duty restrictions, but it is not misconduct. I don't really understand how they can continue to allow your absence under FMLA with a release from the doctor ... does not seem right to me.
If you are able and available for work, even with restrictions you should apply for unemployment because their inability to provide the light duty work is not misconduct on your part. When a person is fired, misconduct must be proven.
Any questions...let me know.