by Debbie
(New Mexico)
I work in a non profit and there is a lot of physical work to be done I am on lite duty but am still in a lot of pain from doing the light duty work such as sweep and mop small areas. Occasionally climb 3 flights of stairs. Drive a standard car, pick up trash out side and sweep sidewalks and this is considered light duty to my supervisor. I have osteoarthritis on both knees. Could I collect unemployment if I were to quit? There is desk work that I could do but am not sure how they would feel about me just doing the desk work.
Chris’s Response
Hi Debbie,
My question is this.. what did your doctor document as being lite duty you could do?
And then, how does that compare to what your supervisor’s idea of what lite duty for you is?
Clearly, I’ve expressed many time what it is i think you must do now to protect yourself and a right to collect unemployment.
Documenting your concerns to communicate with someone higher up that your supvr. is disregarding your doctors orders for your health situation.
A doctor directs an employee on health matters, not a supervisor in charge of directing employees on the authority of an employer/business.
If the employer, usually at this point, the HR dept. cannot see their way clear to meet those restrictions imposed, even for a illness that may be also covered under the ADAAA .. then documentation is what proves they have forced an employee into making an objection decision about their own health .. vs. remaining employed doing work that falls outside what has been medically advised by a physician.
So Debbie, the unemployment question can’t really be about the fact you hurt .. but whether you’re hurting because the employer is not complying with those medical restrictions a doctor provided to you .. which you in turn, provided to the employer.