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Experience:  Contracts, Wrongful termination and discrimination
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I was a union employee. I was injured on the job and my company

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I was a union employee. I was injured on the job and my company settle with workmen comp to not entertain a reasonable accommodation.I was on an approved leave through October, but resigned in May. I was able to use the workmen comp funds to improve my health and can now work. 1.) my old position is available.2.) would i be qualified due to seniority and having held the position? 3.)can i file unemployment, explain to the judge that my old position is open and i resigned because they wouldn't make a reasonable accommodation at my job? NOw i NO longer need the work accommodation.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Joseph replied 1 year ago.
Can you tell me when you recovered from your injury? Or are you still only able to work with a reasonable accommodation?

Customer: replied 1 year ago.

hi. i am recovered. i do not need restrictions. i also live in ny. thanks

Expert:  TexLaw replied 1 year ago.
Hi,

New expert here.


Are you saying that your employer was not able to provide you with work that was within your work limitations due to your injury?

And then after you settled the workers compensation claim, since you had work limitations, you decided to resign?
Customer: replied 1 year ago.

they asked for my resignation so i did resign.

Expert:  TexLaw replied 1 year ago.
Thank you for your response.

It is possible to apply for unemployment benefits under this situation where there is a forced resignation because of a lack of work within your injury limitations. You would need to claim that this was an involuntary resignation because of a lack of work.

In regard to your 2nd question of whether you would be qualified from seniority to hold the position since the position is open again, once you have resigned, you are no longer entitled to seniority status. Thus, this will be a matter of whether the company wants to re-employ you in your old position again.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN


TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4201
Experience: Contracts, Wrongful termination and discrimination
TexLaw and 2 other Employment Law Specialists are ready to help you

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Contracts, Wrongful termination and discrimination