If I'm fired because of FM, can I get unemployment?

Discussion in 'Fibromyalgia Main Forum' started by AnnetClo, Sep 1, 2003.

  1. AnnetClo

    AnnetClo New Member

    I have lost so much time from work lately. First about a month ago I fell trying to move a box when we were moving. I was out of work 3 weeks with physical therapy and a whopping big flare. Then I came back to work and worked 3 days and how to leave to go to the doctor because I had pneumonia. Another 4 days out of work. I had actually planned to turn in a resignation today, but then I sent a call to my boss from an administrative staffing company. He closed the door when he took the call. I'm wondering if he decides to fire me, will I be eligible for unemployment benefits? I need advice QUICK!

  2. angeldust

    angeldust New Member

    Annette, dont resign as it may prevent you from getting benefits. Depends where you live, but you may be covered by Disability Discrimination Legislation. Depends on legislation in your country.
  3. babyjoan

    babyjoan New Member

    I am not sure about the unemployment, however, you are protected to a degree under the ADA - Americans Disability Act. I would contact someone ASAP. Your job has to provide a reasonable accomodations to help you keep your job. If they don't try then they can be charged a hefty fine. In my state (Connecticut)you can collect unempoyment if you are capable of working another job. Good luck... Joan
  4. kredca4

    kredca4 New Member

    You really need to talk to a Lawyer, one that works with people with disabilities , I have a friend who does this, and he's been pretty sucessful at getting result's.
    So I would seek a Lawyer in this field.

    Do you have Workman's Comp? I was on an Injury leave at work, and they Fired me, so I sued, I took a settlement, because at the time it seemed the right thing to do.
    Wrong. I had the Wrong Lawyer, one of thoes Accident Lawyer's, they don't work as hard for you when it comes to Disabilities.

    They say it's against the Law, to Fire people, But, they do.

    Once, way back, I was a Uinion Rep. for the Phone Co. (CWA), and they tried so many times to Fire me, due to my poor health problem's. Which were being caused by the Stress and the horribly Cold Airconditioner, they couldn't, lol, so I just Quit. I was sick of being sick, and then having to fight to Keep my job too. They forced my hand really, they put me into Managment training. Talk about Stress,......
    I was able to collect my Un-employment, because my Doctor at the time, stood up for me, I was allergic to the Air contitioner, still am. Hence a lot of Bronchitis problems now.
    [This Message was Edited on 09/02/2003]
  5. klutzo

    klutzo New Member

    IF you are careful what you say to the interviewer when applying for unemployment. You must say you were fired because you cannot do that particular job anymore with your illness, but emphasize that you can work, just not at that type of job,and then be very specific about what you can do so they don't send you to interviews for jobs you'd just get fired from all over again. Your boss will be called by them, and he/she will have to say you were let go for health reasons, not other reasons. If all that falls into place, you can get unemployment.
    But,if it has come to losing a job over this illness, and you are also your sole support in the world, then it is time to apply for disability, as it almost always takes more than a year to win it. My unemployemnt kept me alive until 2 months before I finally got disability. During those 2 months I went on food stamps. You can always cancel your claim for disability if you find a job that you can do well at, but if you wait too long to file and are alone in the world, you may be destitute, so think ahead.
  6. AnnetClo

    AnnetClo New Member

    klutzo, you said to be careful what I say to the interviewer; will telling them that I can only work part-time be a no no? That's really what I had thought about doing. And I have been thinking about broaching the disability issue with my doctor because this stuff is doing me in. The 3 weeks I was off when I feel, even though I was flaring like crazy was such a relief. I could lie down when I needed to, I didn't feel guilty for having to run to the bathroom every 20 minutes or so. I just don't know how long I'm going to be able to work and it scares me so bad because I've worked since I was 16 years old and now I'm 54.

    Thanks again for everyone's help.
  7. AnnetClo

    AnnetClo New Member

    I was told that you had to had so many, maybe 50 employees within a 75 mile radius of your company and we don't have that. We do IT staffing and development so we have contractors, but most of them are in Chattanooga TN. And to top it off, we don't have any kind of disability insurance either.

    And thanks monicacat, I'll remember with accomadations.

    [This Message was Edited on 09/02/2003]