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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20130
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I left my job in WA due to my injury I suffered back in

Customer Question

I left my job in WA due to my injury I suffered back in January. I was on worker compensation and my claim still open as of 10/7. I went back to work in June and after working only for a few weeks, my employer did not follow my medical restrictions and I did not complain to my employer that my restrictions were violated repeatedly. I made an assumption that the prescription activity form that I religious give them at every doctors appointment suffice enough to make sure that my restrictions were followed. The company did not have enough resources to make it happen. I have my resignation stating that I am resigning from my role due to my injury. And in July 11, 2016 I have my employer my resignation and last day of work was August 26, 2016. I filed unemployment in September 22, 2016 and was denied. I fully believed that I am eligible to receive unemployment benefits. My weekely benefits would have been $668/week and I would like to know if it is worth to appeal and if I do have a case against my employer.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 7 months ago.

Hello,

Thank you for the information and your questions. Can you please tell me what you mean by "case against" your employer? What kind of case are you asking about there? Also, are you saying that your employer did not provide reasonable accommodation when you asked for it? Did you file a formal request and complaint with HR and have it denied before you quit?

Customer: replied 7 months ago.
I'm sorry I should not say case against but what I meant by that, is do I have a case to appeal my denial from WA unemployment? The response they received from my employer about my resignation is "dissatisfaction of my job" which is not correct because my resignation which I currently have on file is "due to injury."
I did not file any complaint but my employer were aware a few weeks prior to my resigning that I was leaving because my job was comprising my health and was still recovering from my work injury.
Expert:  Marsha411JD replied 7 months ago.

No problem and thank you for clarifying that. Yes, you should definitely appeal the denial, as long as you can work at some type of job since that is one requirement for collecting UI benefits. What you will want to do is to discuss what you tried to work out with your employer as far as any accommodations in work go due to your medical condition and what they would or would not do for you. Also, if you have a doctor who is willing to say that your back injury was exacerbated by your work, that will be helpful.

Please feel free to ask follow up questions if you have them. If none, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 7 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 7th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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