Hi. I am new here.I hope I do this right. I was injured on the job in 2009 and received a T.B.I. And as of 7/13/10 they fired me ! Saying I was not working up to my job expectations.

What is your specific issue or question? What is a T.B.I. ?

An employer can fire for cause regardless of your status with regard to W/C or disability. Same with lay-offs. What they can't do is use a W/C claim as the reason, as in "We are letting you go because you filed a claim."

Run, don't walk, and find a good employment attorney. Look for one that specializes in employment law and WC. Good luck. I am expecting the same thing if I am ever able to return to my job. Lisa

I agree. This is a murky sounding area since your injury is probably responsible for your inability to function as you had before. My own injury impacted my ability to type and spend time at keyboard as the job required, but my employer bent over backward to make sure I had all I needed to do my job. This should not be any different- IMO

Lefthanded,
tbi is a traumatic brain injury

Lacie,
I hope that you have already followed Lisa and RBW's advice and gotten in touch with a lawyer who specializes in employment law.

Were your annual reviews good before the brain injury ? Did your doctor write that you might require some accommadations by ypur employer to be able to return to work ?

quick senerio :
Husband had a Severe Stroke July 2010
paralyzed on right side with little mobility and unable to speak took LOA (without the job paying me of course... grrr which btw I ve worked there for 8 yrs))
He needs 24/7 care. Quit job to care for husband, applied for unemployment :
~ In this case the claimant had a necessitous and compelling reason for quitting and there were no alternatives to resolve the situation. As such, the Claimant has sustained her burden of proof and benefits must be allowed under Section 402(b)

~ The burden of proof is on the Claimant to show that she is able and available for suitable employment. In this case the Claimant has not sustained her burden of proof and is snot able and available for suitable work. Benefits must therefore be denied under Section 401(d)(1)

This makes sense? I am eligible cause of illness and then next I'm not cause of the illness I a am not available ?
OMG please tell me I have a shot at this Appeal, it just don t not make sense to me.

Live in Pennsylvania

Thanks

I'd just start your own thread YY as your situation is not a termination after WC injury like OP's (plus it's a few months old) so hopefully your question will stand out more.

Sorry I don't have an answer to your question, I don't know much about unemployment benefits.

My state says this:

Can you give me some examples of reasons which might be considered "involuntarily" leaving that would not prevent me from receiving UI benefits?
Some examples of involuntary leaving are:

the employee's declining health
union rules
in limited circumstances, lack of transportation
leaving to care for an ill family member
to attend to unexpected immediate problems with existing child care
Do I need to try to work out problems with my employer before I quit my job in order to collect UI benefits?
In almost every case you must make an effort to resolve problems with your employer prior to quitting, even if there is good cause for your quitting. If you are leaving for personal reasons, you are expected to request a leave of absence in order to resolve your personal issues and preserve your job. However, if attempts to resolve the problem or asking for a leave of absence doesn't work, you will have met your obligation by attempting to do so. The DUA must make an initial inquiry of the employee and employer to determine if the employee is eligible for benefits before they can be awarded.

http://www.masslegalhelp.org/employm...ance-benefits1

[Quit work do to Husbands Illness ~ Unemployment]
Yup Yup

In Oregon you do have to be available to look for work or to take a job if it comes up to get unemployment benefits.

Caring for a family member full time and not being available for work would make your unemployment claim invalid/denied.

Maybe there is other programs that will work out for you.