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WKC - termination of employment
#1
Hi-

I was injured (fell off an emergency exit slide in training) 8 years ago and have had 3 back surgeries as a result.  L5-S1 discectomy x, with eventual fusion w/ fixative device.   I reached MMI a while back.

I was an Airline Pilot - because I am a member of a union - our collective bargaining agreement protected my job for 5 years.  I received a letter in the mail from employer that states that my 5 years of medical leave is almost up.  I am unable to return to work because my Doctor will not release me.  This is for a good reason - my left foot is numb, I am not able to sit for hours on end and I am not supposed to lift anything over 20 lbs.

I was given the option to resign voluntarily or will be terminated at the end of the month for failure to return after a leave.

I did receive a 25% impairment rating and was paid for that.  The medical on my claim is still open.  

Opinions on if it better to resign voluntarily or wait to be terminated.  I own my own business now so I am not super worried about ever needing a Reference from the Airline because my flying career is over.

Your feedback will be greatly appreciated.

Thanks, Susan
 
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#2
There is nothing in workers comp law that would make one different then the other. Your union may have other advice as far as retirement or other disability benefits.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
What state you are in as rules are different in every state?

 In California for example if you are terminated you can apply for unemployment. You are also eligible for vouchers in California if you get let go. If you voluntarily quite you may be giving up benefits.

Every attorney from different states have commented not to quit your job. It may be illegal for your employer not to try and accommodate you or attempt to place you in another position. Riles differ by state. You may fall under state and federal ADA laws and if so you may have legal remedy if you are fired (unknown). Please contact a attorney well versed in employment law and ADA/discrimination on this before you make any decisions and also meet with a work comp attorney. Protect yourself and your rights.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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