Hello, I fell on the job, and in 2015 the pain from nerve injury caused me to miss work. I used all my pto
seeing MDs and trying to get my injury resolved. Finally on Oct 23, 2015, HR told me "your manager is no longer willing to work with you. You need to leave and get fixed and return when you are able to work 40 hrs per week, 5 days per week. That was 8 months ago. Since that day, I was on short term disability
, and then was denied by workers comp. Workers comp said they did not doubt I was injured, but that I could not prove the injury was caused by my fall at work.
After 8 months off work, I was called in to HR last week to have a meeting. HR told me that time had run out, and I needed to put in my resignation, since I would not be able to come back to work 40hrs per week. I told her I was not aware that I had the option to return to work. Since I had not heard from her. She said that I would have to work 40hrs per week and could not miss any work and be able to perform all the functions of my duties as a Radiation Therapist, or I would be immediately terminated. (since I have no pto or fmla accrued.)
Desperate to get my job position back, I told her that I never wanted to lose my job, but since I have been off work 8 months, I asked if I could start back slowly, and see if I could work myself back up to 8 hrs per day, to see if I could work. She said no. That it sounds to her that I need to resign, if I don't think I can start back at 40hrs per week. And she does not want me to try to come back to work, and then fail and be fired. She said that would tarnish my perfect record. She told me I should go back to school to find a different career.
So... My questions are:
Can HR force me to resign due to medical issues? She told me it would be best to resign, rather than be terminated. But if I resign, would I ever be able to received unemployment benefits
later? Whether I resign, or am fired, I will still have a large gap in my employment history that will look bad to any prospective employer in the future.
I don't know what to do. My meeting with HR was on Thurs June 30th. She said I must see an MD and get a release back to full duty, or not. But I must call her by phone on Monday, July 11th, 2016, to give my resignation. I asked her if I could have another week to seek out my doctors advice, since with the holiday, that gives me only 4 days to seek an MD appt and most MD will not fill out the paperwork the day you request it. But she said that my employer had given me ample time to "get fixed" and now that workers comp had denied me, my employer no longer can hold my position for me.
Can you give me any recommendations on what I should or should not do. I just received papers in the mail today from Long Term Disablility insurance. I do not know if I will qualify for long term disability
or not. I am single, live alone, and I have a mortgage and do not want to lose my home.
I went to college for 5 years to have a career as a Radiation Therapist, and graduated when I was 35yo. I am now 54yo. I have no desire to go back to school, or change careers. What are my options now? What is the best action, to resign or be terminated? If long term disability denies me, would I qualify for unemployment
? After living off my savings for 8 months, it's almost gone. What's your advice? Are there any rights as an injured employee that I should know about?
Thank you for any advice you can offer me.
Radiation Therapist, BS RT(T)