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Letting myself get fired or quitting myself


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I have been off of work since August of last year..due to knee surgery and then of course, Psych issues. I am waiting for a hearing now after my initial claim was denied. No hearing date as of yet.

My employer sent me a letter stating that if I did not come up with another Doctor's note by Mon,,they would terminate me.

My question is..would it be better to call and quit or let them fire me? I mean in terms of how it would look for my case.

My lawyer is out of town until Mon. and his paralegal is an extremely rude person who I have refused to speak with anymore. I know I am a psych patient, I don't need to be spoken to like one.

ANY ideas would be appreciated

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If you are still getting paid and have benefits, why not get the appropriate doctors forms and go on disability for a few weeks?  If you need a lawyer to proceed, just go get them the note they need for now.  Can you got to a walk-in clinic even for a note?  If you show them your pill bottles, I am sure they would write you off for a week for MI reasons.

Dee

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Oh I should have said that I am not getting paid anymore. That has all ran out. I do have insurance but also have it with my husband's insurance, too.

My ortho has said he doesn't see me going back to work there. so he has basically told me that..he sees it as a done deal, and now is not writing anymore notes. My Pdoc said it is kind of in the hands of the Ortho. That is unusual for him.

I don't have a GP.

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well, as I understand it

- Your Pdoc is saying that you are capable of returning to work from a psychological perspective. 

- Your Orthopod has issued letters/notes stating that you are not capable of returning to work at this job.  But verbally intimates that you are capable of other types of work.

You don't say who you have applied to for disability; company, state, federal?

Most disability policies I have seen require that you be incapable of any type of work for 6 months to be eligible for benefits.  Doesn't sound like you would qualify in my experience.

If you quit you won't be eligible for unemployment benefits, but you will have a point of pride in not being fired and can state that honestly on your next job application.

If your Orthopod has stated that you cannot return to this job, then being fired should not negatively affect you since it is for medical reasons, not poor performance. This should establish your eligibility for unemployment and perhaps disability benefits.

If it were me, I would just let them fire me. 

Hope things work out.

A.M.

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If you quit you won't be eligible for unemployment benefits, but you will have a point of pride in not being fired and can state that honestly on your next job application.

Not entirely true...varies by state, of course, but there ARE circumstances where you CAN quit and still be eligible; this would seem to me to be such a circumstance.  (If considering this, please do check state laws)  Actually, per unemployment benefits, it would be the same as being fired for the same reasons.

HOWEVER, if applying for disabilty, being on unemployment would be detrimental, as unemployment benefits are typically tied to job-seeking activities--here in MT, you must declare, when filing for biweekly benefits, that you are ready, willing, and able to work, and that in the period filed for you have not had a reason that you would NOT have been able to work.

Whereas, of course, with disability, you kinda can't, y'know--be able to work at ALL.

So whatever goes on, make sure one of those doesn't come around to bite you in the ass.  And good luck!

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I'd let them fire me too. Looks better on a future resume that even though you had medical issues, they laid you off anyway.

And I think in most states you can get unemployment regardless of how you leave, it's how long you have to wait that matters. And being let go is faster in most instances.

If you haven't documented your correspondence with your employer, start now.  Write down everything that has happened between you, with dates. You may need it if they dispute your unemployment claim.

AND if this is the disability I am thinking it is, everyone in this state gets rejected the first time no matter what.

Good luck.

Breeze

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