get fired or resign

[Mike]

If given the choice to resign or be fired what should I do? How would this effect my wc benefits?

[jayne]

let em fire you...then if you run out or dont get wc checks you can get unemployment

[kate]

Jayne is right. If you resign, you could lose wage loss benefits because you are "voluntarily" limiting your income. I'm not sure what state you are in but I'm sure most states would find that since you quit, you would not be entitled to some categories of wage loss. And, if you quit, you wouldn't be able to collect any unemployment benefits.

[backache]

Do you mean they can fire you when you have an open WC claim and then you lose your benefits?

[jayne]

they do not have to hold your job open....their business comes first sometimes the only way to fill it is permanatly most people wont take a job knowing it is temp position

[Mike]

backache Wrote:Do you mean they can fire you when you have an open WC claim and then you lose your benefits?

I went on wc leave dec.10th and had to use 7days of personal time before wc would start to pay me .I live in TN. I have returned to work on limited duty and working 4 hour a days. I am currently filling another position at the company since I am on restrictions. I was asked when I thought I would be able to return to my position and when the Dr. thought I would be able to return to my position at this time I have not been given any kind of time frame as to when that might happen. So my 3 month FMLA will be up on March 11 and don't think I will be able to perform my previous job at that time. My employer told me that she had to do what was best for the company and she might need to leave me in my current position and fill my previous position. however, it would not surprise me to be let go.

[lfoster21]

Yep, I think it happens offten. I know that only because I was part of a union and the contract stated that they had to hold my job for 3 years, on 3 years and 1 day I was fired. Most companies won't hold your job for a long amount of time, I don't think.

Good luck, Mike, and I agree about the firing, so you can collect unemployment, if you ever need it.

[chrischris]

Absolutely! Do not quit! That is what any employer wants so they can deny the UE benefits. Do not sign anything either. Also, if they Fire you, there may be other avenues for you to pursue, which they don't want! You need to consult an attorney for advise as well. The consultation is usually free.

Your WC medical benefits will follow you.

The best to you Mike!

[tweety00]

I agree but curious how Fmla could be used IF you worked on light duty ????

With me I worked light duty for 11 months then had surgery which took me off work ... then FMLA started while totally off work ..


Foster But I thought if you go for unemployment it can taken back at settlement time .????

[red1030]

Hi all...I believe that tweety is right. If you were working even part time, they can't hold the entire benefit of fmla against you. As a healthcare administrator I had to work in HR for X amount of hours before I could obtain my administrators license. During this time, we had a women who had a child with asthma. She completed the paper work for fmla. What this did for her was allow her to stay home with her child when he was sick and she was not absent per sey per the policy on absenteesm, she was on fmla. She could still collect her sick time, but she was not tracked for absenteesm in the same matter or written up. They would then deduct the hours she worked less than her typical 75 hours every two weeks. She was protected by the fmla regulation. Knowing this, I would guess that you have not used all of your fmla as of the 11th as you think. You might talk to your hr director about this issue. Also, if they let you go, then yes you would collect unemployment much faster and easier than if you resigned voluntarily. Resigning is not the way to go at all. If they don't want you there, then they must fire you... that is to your benefit. Are you at MMI, if not, I doubt that they will fire you until you are. If you have restrictions then they must accomodate those restrictions. They do not have to give you your exact position back because of the fmla regulation, but they do have to give you a job with the same pay and same type of position but not work. The work must fit your restrictions. Best of luck... Red