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I was told my position was gone and when I come back I might have to work nights. If, I do not accept the position will I have qualify for unemployment?

by Shellie
(pittsburgh, pa, usa)

My doctor put me on light duty. I asked my job for light duty(I work in housekeeping). I was told they only have light duty for comp cases and I would have to take a leave of absence on march 6th 2009. We schedule the surgery for april 28th.

My employer informed me today(5-08-09) that I no longer had my position unless I came back now without restrictions. Then told me when I am fully recovered, if they have an evening or night position he would offer me that position and I have to take it or that would not be good.

My director knows I can not work an evening or night position because I have an autistic child that already sees a therpist for his behavior and there is no one to watch him night and not everyone can watch him.

Hi Shellie,

I hope you have already filed for unemployment.

The fact that you were only restricted to light duty back in March .. you were still able and available for work. When the employer could not provide you with light duty .. you were then eligible for unemployment. Make the request for an extension of your personal leave .. I'm wondering why you are not on FMLA?? And for goodness sake .. file for unemployment on Monday if you have not already. Are you able to work light duty now???

How long have you worked for this employer????

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