Can I request to be laid off for medical reasons?

I have knee injuries from work as a painter,developed over 4 1/2 years in an apartment complex, I am the only painter there. I stayed on my knees about 2-3 hours/day to paint the baseboards).I have been to 2 different doctors and been trough works-man compensation, they denied me.This problem is going on for over 6 months, 2 weeks ago I went to visit a knee specialist to be checked again, he has required that I don't kneel for the next 3 months and suggested to change the job.I have spoken to the owner about it, I mentioned that I can't work this way to harm more my knees and I asked to be laid off or fired to be able to receive unemployment for looking for a different job that would be easier for my knees.They want me to write the request to be laid off, not to get sued me by firing me.

Boise, ID -

Attorney Answers (2)

Paula Brown Sinclair

Paula Brown Sinclair

Social Security Lawyers - Twin Falls, ID
Answered

In Idaho, unless you are a civil servant or contract employee, you can be laid off for any reason or no reason. Entitlement to unemployment insurance benefits is another issue. You are not entitled if you quit or are fired for cause. Asking to be laid off could be interpreted as a quit, so you might want to rethink that suggestion. Be aware that your employer doesn't want you to get unemployment, because it will be charged to them and their rate could go up, so it is in their interests to lead you into a situation that denies your unemployment.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Eric Brian Swartz

Eric Brian Swartz

Personal Injury Lawyer - Boise, ID
Answered

You need to speak to a lawyer who is familiar with employment law, workers' compensation, and unemployment insurance in Idaho. I would not bank on unemployment as a disability replacement. If you were injured on the job, pursue your worker's comp rights. Don't let the statute of limitation on your claim run. Also, gambling on getting your unemployment by trying to contract your way out of your job is not advisable. If that is the route you intend to go, however, I recommend hiring an attorney who can increase the likelihood that you will get your unemployment.

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