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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38268
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have a very stressful job. I moved to NY 1 year ago from

Customer Question

I have a very stressful job. I moved to NY 1 year ago from Florida after this BIG company bought our mid size company. . I have insomnia, lost 30 pounds in the last 2 months, hair is falling out, I am exhausted. I cant think straight - memory loss. I am agitated with mood swings. I was told that my team needed to hit their numbers or else. I was then told my behaviors were unacceptable when I tried to hold the team accountable by micro managing. So now my employer has eluded to getting rid of me - How can I be sure that I get STD and then LTD for work related stress? I was already placed on medication by a psych doctor for depression, anxiety, and no sleep. this was about 6 months ago. I called th EAP hotline and was crying and talked about my stress at work. I was out on a short term disability at the time for a broken bone surgery. I was about to go back to work and I had a melt down... Since then, I went back to work for approx. 3 weeks and went back out to have another bone surgery- while out for that I had to have emergency gallbladder removal surgery. I have not felt good since October 2009. I want to call in sick Monday and start the process of getting better. Should I go directly to the hospital tomorrow and tell them I need help? or just go to my psych doc on Monday and tell him to start filling out paperwork?? HELP
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

Go to your psych doctor first and have him fill out the documentation. Then, contact HR and state that you are applying for STD as you are unable to perform your duties, and that your STD is directly based on the conditions that you are experiencing at work. Send them to HR and immediately begin seeing your doctor regularly to show that you are attempting to get better. If you do, great--you will be able to return to work. If not, your regular schedule and your medical transcripts will be available to be sent towards LTD and subsequent approval. If you run into any problems, retain a disability attorney to assist, although from what you have stated, I doubt that you will need help at least until you file for LTD.

Good luck.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 6:51 AM EST
Customer: replied 4 years ago.
we have a policy stating that if we are going to miss work we have to call our manager or we can be terminated for job abandonment. In this case, do you think calling HR directly and telling them to call my Director is acceptable? Personally I think that would be fine..
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up.

Usually internal policy controls--that means that if the company demands that you first call the manager, then do so. Then, after you contact the manager, contact HR directly. (Otherwise the company may later claim that you did not follow the conditions of employment and use that as a cheap excuse to try to terminate you prior to you getting approved for disability). If you want to be extra careful, you can always also email your director and HR, so both are aware (and later cannot claim notice).

Good luck.

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 7:04 AM EST
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38268
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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