I am currently in appeals for UI for having been fired (mainly) for being rude insolent or offensive. My former employer was aware that I have been experiencing frozen shoulder and shoulder impingement which caused chronic pain and lack of sleep. I informed my employer in April that surgery was needed to remove a spur; that this surgery would correct my condition. My employer told me the earliest I could take time off was in mid July - 2 1/2 more months of pain, lack of sleep; the doctor would not give me a pain killer (narcotic) to deal with the pain, so I had to suffer through it until the surgery was done. The company sent out a rep from their workers comp insurance, a ergonomics specialist. He moved stuff around at my teller station and recommended that a platform be ordered. The company (as of the day of termination
) still had not delivered this platform.
Each and every time that I lacked sleep, my employer was informed. I resolved to be a trooper and did not incur any absenteeism
or tardiness, but I did suffer at work. My manager started to 'hyper-scrutinize' me, and gave me constant verbal warnings - your tone of voice needs to be better; say thank you, etc. My lack of sleep finally caused a chain of events in which I essentially was so fatigued, that my brain was not able to process....
After finally getting surgery, (and not having an income but still paying for cobra
insurance), I am finally 'medically able' to work, and am in the appeals process.
How do I go forward with this? I have certified surgeons notes (without explanation regarding chronic pain/sleep deprivation), phone records re: conversation with manager re: surgery, and my performance appraisal. What else can I do? How can I prove chronic pain and lack of empathy from my employer?
I did not ask for FMLA
because I was told I only needed a week for surgery.