How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17249
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
19127644
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I was on a five day security assignment that required standing.

Resolved Question:

I was on a five day security assignment that required standing. Because of the cumulative effect on my health, I decided not to complete the last two days. I am 77 years old. I have had two hip replacements, I have coronary artery disease, I have osteoarthritis. I have been doing security work for the past seven years with no problems. My medical issues are under control as long as I am not required to stand for hours on end. Nevada Department of Unemployment said that the conditions which I described are not intolerable enough for me to leave before the end of my assignment. My question? Who gets to make that decision?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Can you tell me if you had asked for a reasonable accommodation under the ADA from your employer in the form of standing less? Can you perform the essential functions of your job without standing for protracted length of time? When you say you left your job early, what do you mean? Did you quit or were you reassigned or what? How did you lose your job? What did you try to work out with your employer before you resorted to quitting the job? Finally, specifically what was the reason for the Unemployment Commission for denying your claim?
Customer: replied 1 year ago.

On four separate days I requested an accommodation. I would have had no problem carrying out the required functions. I told the person in the command post that I could not complete the last two days. I guess you could say I quit and there was no reassignment offered. The Unemployment Commission said that the conditions of standing were not intolerable enough. therefore my claim was denied. My job as special events security is one of being on an as call basis. I also had a subsequent assignment with the company I was associated with for six years.

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. To answer your initial question, it is the State Unemployment Commission, after considering all the evidence presented to them by both the employee and the employer, who makes the decision whether a UI claim is going to be approved. That includes the evaluation of the specific facts, including the duties of the work and any medical information provided by the claimant.

That said, if the claimant has evidence from their physician that shows their limitations, evidence that they requested a reasonable accommodation from their employer (HR or senior management), evidence that they could still perform the essential functions of the job with an accommodation, and then evidence of denial of that accommodation and evidence that they exhausted their remedies with the employer to resolve the issue, then they would typically be able to show that they quit for "good cause" attributable to the employer. That is the threshold necessary to qualify for unemployment benefits.

So, for your appeal, you will want to try to put together facts that support that threshold, including medical reports or statements. I might suggest that you consider hiring an employment law attorney who handles unemployment cases to assist you with the appeal since they have the unique experience with understanding the legal analysis that is used and the facts necessary to support that. If you cannot afford an attorney then, if you qualify, you might consider making an appointment with the local Legal Aid or Legal Services Office who can provide you with free legal assistance.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17249
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your answer. That should be helpful at the hearing. I guess evidence of the denial by the employer was that no accmood action was offered. Since standing was a requirement of this particular company, I decided that it was not in my interest to continue working for them. It is what it is.

Expert:  Marsha411JD replied 1 year ago.
You're welcome and yes, that is correct. If the employer does not provide the accommodation, then that is in effect a denial. Best of luck to you!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.