I have worked for a coupld drs for the last 5 years. the beginning of this year i had a freak accident that pretty much ripped all my ligaments and tendons in my knee apart. before and after surgery i gave my office manager my dr excuse that said i would need off 12 to 16 weeks. during this time everytime i would see my surgeon he would update my excuse until the next visit. everytime i gave office manager copy. at my 10week post op, i took excuse to her for another 4 to 6 weeks...which would have equaled 16 weeks total. she was mad and said i was milking this. big mess!!!! a week later one of the drs i worked for called my surgeon and told him i needed to come back to work, what was the reason of me not coming back, that they would do whatever it took for me to come back to work. my surgeon disagreed and so did my physical therapist. my dr employer called back and said i was going to be fired so my surgeon gave in BUT it was part time basis with disability. due to me going back to work and them NOT helping me out my knee did get worse and on my actual 16 week appt, i had to have a injection, the injection did the opposite and my knee was imflammed and could not walk. by the end of the week it was in serious pain and inflammation. my ortho surgeon requested a week off to let the inflammation go down, at that time i was terminated from my job.
i have a written letter from my employer stating i was placed on part time partial disability april 09 and may 09 my surgeon requested medical leave as she was placed on temporary disability and it was at this time she was terminated.
i filed for unemployment after my dr released me a week later, i continued to file for it for the next 4-5 weeks. at this time i had to have another knee surgery that has me now disabled.
i recieved letter from unemployment stating that i was terminated for "MISCONDUCT". i have documents stating it was over my injury and i also have my conversations recorded making sure i was being fired and not that i had quit my job. i have appealed the denial, because even if i DONT get my pay, i do not want "MISCONDUCT" on my record. if i have the letter with them stating i was let go because of my disability, shouldnt that have been the reason?
also, my employer violated my privacy because this was NOT a workers comp, it was an accident on a weekend. yes my surgeon also violated hipaa for talking to my employer, but it was the dr to dr curtiousy call. the only problem now is this, IF my employer would not have called and my surgeon would not have released me for part time work and actually stuck to the original game plan of 12 to 16 weeks to heal then my 2nd knee surgery may have been prevented.
could i atleast win the appeal to have "MISCONDUCT" taken off my employment record?
i have a written letter from my employer stating i was placed on part time partial disability april 09 and may 09 my surgeon requested medical leave as she was placed on temporary disability and it was at this time she was terminated.
i filed for unemployment after my dr released me a week later, i continued to file for it for the next 4-5 weeks. at this time i had to have another knee surgery that has me now disabled.
i recieved letter from unemployment stating that i was terminated for "MISCONDUCT". i have documents stating it was over my injury and i also have my conversations recorded making sure i was being fired and not that i had quit my job. i have appealed the denial, because even if i DONT get my pay, i do not want "MISCONDUCT" on my record. if i have the letter with them stating i was let go because of my disability, shouldnt that have been the reason?
also, my employer violated my privacy because this was NOT a workers comp, it was an accident on a weekend. yes my surgeon also violated hipaa for talking to my employer, but it was the dr to dr curtiousy call. the only problem now is this, IF my employer would not have called and my surgeon would not have released me for part time work and actually stuck to the original game plan of 12 to 16 weeks to heal then my 2nd knee surgery may have been prevented.
could i atleast win the appeal to have "MISCONDUCT" taken off my employment record?
