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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20233
Experience:  Assisting employees and employers for over 14 years.
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I injured my knee and need knee surgery and I am unemployed

Resolved Question:

I injured my knee and need knee surgery and I am unemployed and receiving benefits weekly. Can I have the surgery while I am on unemployment? Please help me on what my rights are. Thank you
Submitted: 6 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 6 years ago.

MI-Lawyer :

Thank you for using JustAnswer!

If you have the surgery, will you continue to be able to look for work?

Customer:

No, I will disabled because you cannot work for 9 weeks. This is a total knee replacement.

MI-Lawyer :

Okay but you can still check the classifieds, etc. right?

MI-Lawyer :

You can still call friends and network about any job openings, right?

Customer:

Yes i can still ask friends or check the classifieds

MI-Lawyer :

What information do you have to submit to unemployment now about your job search efforts?

Customer:

I look everyday on craigslist or anywhere. I have been getting unemployment for 11 months now and I cannot seem to find an job. I am 60 years old and have been employed for 22 years so they are not willing to pay what I am asking.

MI-Lawyer :

From the facts that you've described, so long as you continue your job search, there will not be any problems with having the surgery performed.

MI-Lawyer :

Good luck and best wishes. I hope that you find this information to be helpful and this answer to be ACCEPTable!

Customer:

Are you saying I do not need to notify the employment agency about my surgery?

MI-Lawyer :

Have they asked you to?

Customer:

No nobody has, but I thought this would be fraud if I have surgery and I am not able to accept a job If I apply and go for an interview. I cannot go on a walker.

MI-Lawyer :

That's a totally different issue.

MI-Lawyer :

You're not at that point.

MI-Lawyer :

You're still searching for jobs and applying.

MI-Lawyer :

That's what you have to keep doing and have proof of.

MI-Lawyer :

If you are offered a job and turn it down, then you have to report that to unemployment.

Customer:

Yes, I am still doing this everyday. I have had no problems. I am just worried that my former employer will find about it. They were doctors and know the ones that treat me.

MI-Lawyer :

If your knee has to be fixed. Fixed it.

MI-Lawyer :

Your going to need a good knee for your next job anyway.

MI-Lawyer :

Get it done while you have the time.

MI-Lawyer :

Just keep searching for employment.

Customer:

your right and so i will. thanks for your time.

MI-Lawyer :

AND IF YOUR FORMER EMPLOYER IS SOOOOOOOO CONCERNED ABOUT YOUR EMPLOYMENT, he can offer you a job.

MI-Lawyer :

You are welcome.

MI-Lawyer :

If you are satisfied that your questions have been answered, you can select ACCEPT to close this thread and so that I receive credit for assisting you today.

MI-Lawyer :

Sorry about that.

MI-Lawyer :

You can select ACCEPT now.

JB Umphrey and other Employment Law Specialists are ready to help you

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