can you be asked to be laid off or quit and get unemployment?

ok.. I am at my wits end trying to figure out this financial picture here.. and I have had a couple good ideas.. or maybe not so good ideas.. but I don't know if they are good ones or not.. can you guys help with this issue?

Can you quit because you are hurting and have too hard of a time keeping up with work demands and you can't go to work anymore and then file an unemployment claim and win and collect unemployment?

if you cant do the above, can you ask to be laid off due to medical reason and or because you are going to have surgery and you cannot afford to be on fmla without pay but if you were laid off and collecting unemployment you could manage that much better?

[selmaS]

  NO!!  Unemployment u have to be able and available to work...and u  do not get it is u quit, it is usually if u lose ur job thru no fault of ur own.....no work etc....

No, u can take sick time...FMLA if u e eligible and ur company is large enuff to offer it.

      FMLA insures ur job will be there when u get back....I do not know of an employer that would lay u off for those reasons...it is fraud.

  Don't u get sick pay?Vacation pay?....u can collect vacation pay while on FMLA.

   "selma"

[jenniferk86]

NO... I have used all of my vacation and my sick pay because I am sick and dr's so much.  i am saying some people have mentioned that through no fault of my own I am not able to work my full time job so I am forced to quit.... not just because I am lazy or don't want to but because I am physically unable and I have not been able to get there and I am increasingly not there more and more.. my employer is big and I am currently taking intermittent leave for fmla because I am out that much and again have no vacation or sick time left because I have used it all on sick.... I have taken no vacations or spent no leisure time it has all been out due to this chiari stuff.

[jenniferk86]

My issue here is really that you don't qualify for disability until you have been unemployed for 6 months.... I would definitely be homeless by then... what the heck or how the heck.. I have to drag myself to work while I can't see and risk wrecking my car so that I can go get income when I really shouldn't while taking pain pills just to get through work... because I really can't afford to be without a job for 6 months, although if I was I probably would and could qualify for disability.... so what do I do... I am just hoping and praying that this surgery works.. but what if it doesnt? then what?

[selmaS]

  But u have to be wiling and able to work to get unemployment....otherwise everyone would quit when they were sick in order to get paid.

I know what u r saying...I worked 70 plus hrs a week b4 I went out on FMLA....I was burned out...and I used up all my time, sick, vacation and the FMLA and I was terminated...and still I am not eligible for unemployment or LTD...so I have not had an income for 3 yrs.

The thing is...the surgery will most likely work...just bcuz u have symptoms post op does not indicate a failed surgery....surgery is a success if it slowed progression and  restores CSF flow.

Everything else is a perk.

   This is y I say do not go by time tables no one can say u will be able to do this or that by this time until  after u have surgery as u have no idea how u will respond.

   I found this on the unemployment benefits web site:
[Disqualification from Unemployment

The following circumstances may disqualify you from collecting unemployment benefits, depending on state law:

Quit without good cause
Fired for misconduct
Resigned because of illness (check on disability benefits)
Left to get married
Self-employed
Involved in a labor dispute
Attending School]

[STL5]

Selma is right.  I used to work in HR and on occasion got volunteered to do unemployment hearings.  If you quit you will not be eligible for unemployment.  If you are fired then the focus will be on why and the circumstances.  You could try talking to your boss and HR department and see if they will work with you on time off for the surgery since you are lacking in the sick leave/vacation time/fmla right now.  

Personally, I sucked it up and dragged myself to work before I had surgery because I have 4 children to support.  I did not take any nacotics during the day since I knew that I could not drive if I did.  Yes, there were many days that the pain was horrible and I was a terrible employee as far as accomplishing much.  Luckily my boss was VERY nice.

[jenniferk86]

I drive while I take narcotics...I literally would not be able to get out of bed if I didnt.and I would not be able to work at all if I didn't take narcotics during the day. I have already used my sick and vacation time a long time ago and I suck it up every day because I have 2 kids to support...I have fmla time just not any paid time and fear I will lose my house as I have no savings or help from anyone and my jobpays squat... I'm just trying to think of a creative solution, not being lazy or trying to break laws, that's why I asked...

[selmaS]

  Is ur work something u could do from home?.....getting pre/teens to help u from church may  also be the answer....some have to do so much community service hours to graduate 8th grade and then high school....they may want to help u for their hours.That way help does not cost u money......

All u would need is help for u in the beginning the first 2 weeks or so...and then for bathing...have the help from these kids and u may be able to swing it.

  I will pray ur recovery goes smooth and u can return to work, but depending on what u do is key to when u really should go back.

    "selma"

[STL5]

Just be careful.  If you were involved in an accident -depending on state law -you could be charged with dui since you are taking medication and driving.

[selmaS]

  Good point STL5...I saw where someone that was driving with meds got hit, and bcuz they took meds it was turned around and made to be their fault.....

[jenniferk86]

How does that work? I mean My medication bottle just says on it do not drive until you know how this medication effects you... it does not say you cannot drive at all... and I don't ever take more than 10 mg at a time.. it is not like I am intoxicated while driving.. I wont even drink 2 beers and drive.  My mom, my little brother, my dad and my grandmother in law all got killed in car accidents, separate.. I don't take a chance if there is even a worry in my mind that I am intoxicated in any way or impaired??

[selmaS]

  It works when ins comps use high priced lawyers....not saying it is right...just the right ammo to get what they want....

[jenniferk86]

I mean.. is there a limit.. Like there is with alcohol? or should I ask my doctor or look it up because that is the last thing I need .  Nobody has ever told me about that or warned me.

[selmaS]

  Deff look into it...I do not know the way all states deal with these issues so it is best u check.
  

[blondeballerina07]

The limit in the state I live in is 0 you cannot have any narcotics in your system and be driving or you will get a DUI. Pretty much any doctor will tell you none at all also because if you are to get in an accident while on them the doctor would be liable.

[jenniferk86]

well that must not be the case in my state because my doctors know i drive.... I need to look this up.

[STL5]

I do not know what state you are in but here is some info:

It may come as a surprise, but the fact that you were on a prescription is no defense in itself to a DUI. Illinois law prohibits driving under the influence of any drug that renders a person incapable of safely driving even if you are legally entitled to use that drug.  If convicted, you may be guilty of a Class A Misdemeanor, punishable by up to a $2,500 fine and one year in jail. In addition, the Secretary of State may suspend your driver’s license.

YES! This is a common misconception of people charged with DUI in Washington, DC. They believe that since their doctor prescribed a medication that may have side effects, it's perfectly legal to drive after taking it. This is not true.
The government can use a variety of methods including observation, blood or urine tests, or field sobriety tests. It doesn't matter if you have a prescription or not. If the medication causes side effects which impair your ability to drive, you can be charged with a DUI in Washington, DC.
If you are taking any medication, prescription or over-the-counter, that causes drowsiness or other impairment, it's best not to drive.
Although any prescription drug can be misused, we commonly defend clients charged with DUI/DWI while under the influence of prescription drugs such as:  Oxycodone, Xanax , Vicodin, Ritalin, Valium, Percocet, Klonopin.  Under the right circumstances, drugs such as these can cause you to drive erratically and make you vulnerable to a traffic stop, an arrest and a criminal charge.

[jenniferk86]

Well.. I have looked and looked and looked, and I can't find much for the state of CO.. except that we have legalized medical marijuana and you can have u up to 5 thc measurment of some sort... I don't remember right now.. when most states have 0 tolerance and then the states that have any tolerance only allow 2... so we are pretty tolerant... and then when it comes to prescription drugs... if you are impaired you can get a dui... if you are not.. then you won't  if you crash and have a prescribed drug in your system, of course the court could make a case against you, but it won't be a very strong case if you have been taking the opiods and are considered "opiod tolerant" by your doctor and your doctor has allowed you to drive and the accident wasn't caused by speeding or an obvious wreckless driving.

I believe I am just fine here in colorado.

[STL5]

Personally, it makes no difference to me what you do.  I was just letting you know what could happen since you seem to have a lot going on in your life right now.  I am not saying that it will happen.  If you feel that you can take medication and drive then you are now aware of the consequences that can affect your life and the lives of your children.  Here is something that I found on a website:  In Colorado, driving under the influence of alcohol and drugs is the same in the eyes of the law. The laws for driving while on drugs also do not differentiate between illegal drugs and prescription drugs. If your ability to drive has been impaired by a substance, then you can be charged with a DUI in Colorado.   The tests that determine that a suspect is Driving Under the Influence in Colorado usually target alcohol consumption rather than drug use, and the officer will have to give you a blood test to determine if there are drugs in your system. Most drugs will not show up on a breath tests, though you may show impairment during a field sobriety test.

[karalee85]

hey, in reg to the DUI thing, my bf is a PA State Trooper... if you get pulled over, and you appear to be under the influence ( which could even be dilates pupils!), or they think or know youare/could be taking drugs you will be tested, and depending on the tolerance policy of your state charged with a DUI. He asked the corporal at work and as high as the chain of command goes here, noone knows of any state where you can take even rx narcotics and drive. the cpl said he thinks all states are NO TOLEANCE now. also the thing about being in an accident, reguardless of  severity, reguardless of whos fault it really. you will be found at fault by the police.It doesnt even have to involve lawyers. all they need is a test, just like they do for BAL.

[sandy629]

  i like you dragged myself to work everyday to two jobs  i finally said i cant do this anymore, i had the surgery in may collected the usual standard mass welfare, and applied for disability  i was approved in 5 months.  here in mass we have the brain injury association  they are great. living on disability is not fun, im trying to find some one to manage my headaches so i can go to the  bia so they can train me for some kind of employment.