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Recent employment law questions

If I quit my job and I am still on short term disability,

If I quit my job and I am still on short term disability, can I finish out my disability with agreed upon weekly payment

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John

Attorney

Doctoral Degree

 
7,316 satisfied customers
I worked as a 6 figure salaried IT Professional. I developed

I worked as a 6 figure salaried IT Professional. I developed health problems. My Dr wrote letters to my Employer - a Department of Defense Government Contractor for the Navy - my Dr told my employer I was having health problems he was concerned about and requested I not work more than 40 hours. 3 months later, my Health problems hit me hard. My Dr wrote letters to my employer that I was to take time off. I was eventually paid 4 weeks of Short Term Disability. Although I tried to go back to work on a part time basis, my health problems prevented me from even accomplishing that. My last partial paycheck was received in mid Dec 2013. I was later hospitalized and over 2+ years went through 7+ surgeries to address my Health / Medical problems. I communicated with my HR Medical Leave rep, but I never received my Disability benefits. After several months, my HR rep told me they understood I was on medical leave, but the Insurance company (Prudential) was denying my Disability Claims. I purchased my benefits from the HR department. I paid additional money for additioan (+10% more) disability - if I did have a problem. I was not paid until I filed a suit agaisnst Prudential and after 15 months I did get a "partial" settlement. I feel that my benefits were not honored. I am struggling, have not worked since early Dec 2013. My employer never honored my benefits that they sold me - but they continued to charge me FULL PRIOCE for My Disability (50% of LTD was part of my Salaried Benefits, I paid additional for +10% Disability benefit). My life has been financially destroyed and my employer - a large DOD company, never notified me, but did terminated me as I was switched to the COBRA Plan --- I have a well documented case. My rights were violated, My life destroyed, I live in poverty when I should have $58K per year until I'm 65. I'm 58 years old, trying to recover and overcome my health problems. ALL my efforts to get my Social Security Disability has also been denied - and so I want to pursue legal action against my Employer - which lists me as Disabled - unpaid. What can I do? I have suffered and been disgraced over criminal action for not paying Child Support and on and on - all because I did NOT GET MY DISABILITY BENEFITS that I was SOLD by the employer HR department once I was hired. YES - my employer DID KNOW OF MY HEALTH ISSUES - I provided a 5 year full medical history and they required a full health / medical / physical exam by their own on-site medical facility! What Can I do??

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Infolawyer

Attorney

Juris Doctor.

 
36,590 satisfied customers
I am an R.N. who has been sent home from work on 03/09/2016

I am an R.N. who has been sent home from work on 03/09/2016 as my mngr. thought something was wrong with on the evening of 03/03/2016, that I had slurred speech/slow speech ,and was walking with a limp to my RLE, this happened to approx. 8 months ago and was cleared to return approx. 6 weeks later.So now I have gone under everything that I was asked to do and my primary M.D. and a neurologist cleared for active duty as when they examined I acting fine , I had to go see primary again on 05/31/2016 and she went to the president of human resources I called my M.D. everyday and she finally told me that I need to see a neurologist/psychiatrist , I had an appt. last wed. and he cannot find anything significantly wrong with my cognition. However he cannot clear until I take a series of 3 tests ,meanwhile I have denied short-term disability and have no income in 3 months,yesterday I got a phone call from human resources and they want to know what is taking so long I explained that I had to take a series of 3 tests and then get cleared for full and active duty ,I know FL. is a right to work state but I am beyond frustrated any advice would be greatly appreciated Thanx, lynda

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5,048 satisfied customers
I have been on short-term disability past few weeks. I was

I have been on short-term disability for the past few weeks. I was recently cleared to return to work and reached out to my employer to see when I could return, but have been getting the runaround. Am I permitted to just return?

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ScottyMacEsq

Doctoral Degree

 
22,024 satisfied customers
I have Parkinson's disease and a very gh level job that I

I have Parkinson's disease and a very high level job that I can no longer perform. I'm going into a lesser role with lesser pay to see if I might be able to perform that role- but it is still fairly high level and high pressure. It is the brain function of the disease- short term memory issues, the ability to think clearly, muddled thinking, blurry vision (despite corrective lenses) that has my doctor and I discussing taking a leave on short term disability to try some new meds but if they don't work, I may be out permanently. Any advise as to what to avoid doing or not doing with regard to my employer at this time. I want to be able to work if I can but need to protect my income that will come from long and short term disability policies if not. I'm in state of FloridaJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: FloridaJA: Have you consulted a lawyer yet?Customer: No- I will need to seek advise from an employment attorney but need to find one first. I'm meeting with my neurologist today though and looking for some quick answersJA: Is there anything else important you think the Lawyer should know?Customer: Just that I agreed to the lesser job but am still transitioning so in my old job title and former pay--- about to take a $15k pay cut into the lesser jobJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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5,048 satisfied customers
I am 61 years old and have worked employer years. I went on

I am 61 years old and have worked for my employer for 35 years. I went on Short Term Disability & FMLA leave on 12/8/15 to have shoulder surgery. My employer requires a return-to-work physical and drug test to return to work. Note: I could have returned to work much sooner, however, my employer stated that I was not allowed to return with any restrictions. The shoulder surgeon had lifting restrictions of 20 lbs or less in place, until the end of April. The return-to-work physical requires that I lift 30-50 lbs, so my return was delayed until after the surgeon lifted the restrictions.After rehabbing my shoulder and being released by my surgeon, I took the drug test and the physical on 5/2/16, and a week later, was told my return to work was “on hold”, because I failed 2 parts of the return-to-work physical. One part was a kneeling task. I later found out, from talking to the head physical therapy technician, that I was given incorrect instructions on how to perform the movement from the tech who administered the test at the clinic. The 2nd task I failed was climbing a ladder. I was not allowed to attempt that part of the physical because because I weigh 370 lbs and the ladder is only rated for 300 lbs maximum. I have personally taken 2 other return-to-work physicals at this same clinic, in years past - following both back and neck surgery - and have been allowed to use the same ladder, while weighing over 300 lbs. I have been able to do my job, for the past 25 years at over 300 lbs., with no problems.The HR person at work has informed me that I have until 12/8/16 (one year from when I first took leave) to retake and pass the entire return-to-work physical in order to return to work. If I have not done so, by then, I will be terminated. The clinic and my employer are refusing to provide a higher-rated ladder for me to even attempt the ladder climbing portion of the test. I even offered to provide a comparable ladder, myself, with a higher weight safety rating but was told no. When speaking with the HR rep by phone, I asked her if the company was expecting me to lose over 70 lbs. to even be allowed on the ladder to take the test? Her reply was “I need to be able to pass the physical”. She did not directly address the weight issue, but I do feel like I am being discriminated against, by the company, for my weight. In addition to all of this, I also have a documented disability, on file, with the company. I have severe osteoarthritis in both knees, with no cartilage and am a candidate for double knee replacement. I have had this condition for approximately 8 years and have been able to continue to perform my job.The company has told me, in no uncertain terms, that the physical I was given is a standardized physical, given to all new-hires and employees returning to work after an absence longer than 7 days. I have been informed by several co-workers, who have had to take the supposed standardized physical that they did not have to perform the kneeling part at all and have been given a passing score. I have been given this physical twice in the past following neck and back surgery, and have never had to perform the kneeling test and have been allowed to take the ladder test, while weighing well over 300 lbs. I feel as though the company is holding me to a stricter standard, than my fellow employees, on this physical exam. The HR rep cited HIPPA laws as the reason she could not discuss any of those cases with me.During my first attempt at the physical, the clinic had other equipment not rated for persons over 300 lbs., however, had alternate accommodations in place so I could take the entire physical. I was not allowed to use the treadmills, so they had me walk laps inside the clinic as well as taking me outside and across the parking lot to a curb outside a Starbucks to step up and down for 3 minutes for that part of the physical. I guess their step was rated for 300 lbs or below, as well. If they have already made other ways of performing the physical available to accommodate larger persons, then why are they not doing the same with the ladder? I don't know if I'm being discriminated against because of my weight, age or knees, but I do feel as though something fishy is going on. This just doesn't feel right to me, that I am possibly going to lose my job of 35 years +, because of a ladder. I need advice on how to proceed with this, and whether or not you think I have a valid discrimination case to file with the EEOC.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,436 satisfied customers
I live in nyc, i was told to go out on short term disability

i live in nyc, i was told to go out on short term disability for 6 moths first, then to apply for full disability? i don't understand why? Can i just file for full disability

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,436 satisfied customers
I just returned to work from maternity leave 3 days go, and

I just returned to work from maternity leave 3 days go, and was told that due to personnel error the money I was getting during my maternity leave was not my short disability, but payroll checks.They are now telling me that they will be withholding my pay for 12 weeks to compensate for the error. Can they do that? I will be homeless if they do that.

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Patrick, Esq.

Doctoral Degree

 
16,772 satisfied customers
Last Friday I was told I would be terminated from by position

Last Friday I was told I would be terminated from by position as a Registered Nurse in a Doctor's Office. I have only been there for 3 months and during that time I have been harassed, humiliated, and worked under hostile conditions with Office Manager.JA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?Customer: No.JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Is there anything else the Employment Lawyer should be aware of?Customer: I worked as a Registered Nurse for 8 years with Memorial Hospital which is part of UCC Health in Colorado Springs. Last March, 2015 I had to have back surgery. I was on Short Term Disability for 9 months before returning to work. After Surgery I have had continued back pain and my doctor said the pain was exasperated by being on my feet 12 hrs ad day when working my shift and he advised that I ask management for a position with less hours and not having to be on my feet for 12 hours. Hospital HR agreed to help me find this type of nursing job. The job they found was in a Doctors Office. I was qualified for the position having worked in another doctors office before going to work at the hospital. Almost from day one the Office Manager harassed me, did not provide proper training and basically was doing everything she could to make my life miserable. The former Registered Nurse had quit this position for the same treatment. Last Friday, she and the HR representative for the hospital notified me that I was being terminated. The said I would be on Administrative Leave until they could put together the Termination Document. Do not know what to expect in this document but am devastated by having my 20+ years career as a Registered Nurse terminated because an Office Manager did not like me. She told me not to work any overtime because I was too expensive. Think she disliked me from the start because I made more money than she did. Do you have any advise for me before I have to meet with HR and not knowing what kind of Termination Agreement they may ask me to sign. I am very concerned what this may do in my being able to get a new job.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Patrick, Esq.

Doctoral Degree

 
16,772 satisfied customers
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