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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20363
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was on a five day security assignment that required standing.

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I was on a five day security assignment that required standing. Because of the cumulative effect on my health, I decided not to complete the last two days. I am 77 years old. I have had two hip replacements, I have coronary artery disease, I have osteoarthritis. I have been doing security work for the past seven years with no problems. My medical issues are under control as long as I am not required to stand for hours on end. Nevada Department of Unemployment said that the conditions which I described are not intolerable enough for me to leave before the end of my assignment. My question? Who gets to make that decision?

Thank you for the information and your question. Can you tell me if you had asked for a reasonable accommodation under the ADA from your employer in the form of standing less? Can you perform the essential functions of your job without standing for protracted length of time? When you say you left your job early, what do you mean? Did you quit or were you reassigned or what? How did you lose your job? What did you try to work out with your employer before you resorted to quitting the job? Finally, specifically what was the reason for the Unemployment Commission for denying your claim?
Customer: replied 4 years ago.

On four separate days I requested an accommodation. I would have had no problem carrying out the required functions. I told the person in the command post that I could not complete the last two days. I guess you could say I quit and there was no reassignment offered. The Unemployment Commission said that the conditions of standing were not intolerable enough. therefore my claim was denied. My job as special events security is one of being on an as call basis. I also had a subsequent assignment with the company I was associated with for six years.

Hello again and thank you for your reply. To answer your initial question, it is the State Unemployment Commission, after considering all the evidence presented to them by both the employee and the employer, who makes the decision whether a UI claim is going to be approved. That includes the evaluation of the specific facts, including the duties of the work and any medical information provided by the claimant.

That said, if the claimant has evidence from their physician that shows their limitations, evidence that they requested a reasonable accommodation from their employer (HR or senior management), evidence that they could still perform the essential functions of the job with an accommodation, and then evidence of denial of that accommodation and evidence that they exhausted their remedies with the employer to resolve the issue, then they would typically be able to show that they quit for "good cause" attributable to the employer. That is the threshold necessary to qualify for unemployment benefits.

So, for your appeal, you will want to try to put together facts that support that threshold, including medical reports or statements. I might suggest that you consider hiring an employment law attorney who handles unemployment cases to assist you with the appeal since they have the unique experience with understanding the legal analysis that is used and the facts necessary to support that. If you cannot afford an attorney then, if you qualify, you might consider making an appointment with the local Legal Aid or Legal Services Office who can provide you with free legal assistance.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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Customer: replied 4 years ago.

Thank you for your answer. That should be helpful at the hearing. I guess evidence of the denial by the employer was that no accmood action was offered. Since standing was a requirement of this particular company, I decided that it was not in my interest to continue working for them. It is what it is.

You're welcome and yes, that is correct. If the employer does not provide the accommodation, then that is in effect a denial. Best of luck to you!