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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20237
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I am returning from disability leave. I no longer feel able

Customer Question

I am returning from disability leave. I no longer feel able to do my job but don't want to quit because that would disqualify me for unemployment benefits (I am in New York). Actually there is part of the job description I cannot presently do I.e., go to sites and visit customers and supervise employees, so the corporation has reason to let me go on that account. Can I negotiate a dismissal that would leave me eligible for unemployment benefits?
Submitted: 1 year ago.
Category: Legal
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. In all honesty there isn't much of a chance that if you go to your employer now and say that you won't be able to do your job, that they will take it as anything but a resignation. However, if your doctor has written restrictions in your duties and you return to work, you would essentially be asking for a reasonable accommodation under the ADA. However, if some of the duties that are considered "essential" cannot be performed, then the employer could deny the accommodation and let you go. Likewise, even if the duties you can't perform are not considered "essential," the employer can deny the accommodation if providing it would cause an undue hardship on the business (for example having to hire someone else to do some of your duties.)

The last thing you want to do, if unemployment benefits are important to you, assuming you can still work some kind of job, is to quit or indicate you can't do your job (other than through a doctor's note limiting certain duties. ) Because, if you do this, regardless of what the employer might say about "not disputing your unemployment eligibility," you will likely be denied UI benefits. The employer does not make the decision, the State does. If it looks like you voluntarily left employment, you will be denied benefits.

Please feel free to ask for clarification if needed.

Expert:  Marsha411JD replied 1 year 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 unknown 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) for our work, that the customer thinks have gone through. In your case I received neither. 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.