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to go back or not

  • 27-11-2010 10:01pm
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    I was bullied/harassed in work by another employee when i reported this to my manger who also is the MD it was dismissed and i was told i was lying, things ended up being so bad that i went out on sick leave. After a few months and my employer writing to me stating my job may no longer be available I sought legal advice.

    It has now come to ahead and after my solicitor sent documents to the court I was advised that my case will fail if brought to court, my solicitor has advised me to return to work and "play the game" and if my employee steps out of line to then bring a case against them.

    I feel sick at the thought of going back there I really feel ready to go back to work but not there and I fell angry that my employer will now get away with such behaviour.

    If I choose not to go back Im terrified I wont get JS as I have been on illness benefit since late last year and my credits will have been used up.

    Im at a loss as to what to do now :-(


Comments

  • #2
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,290 ✭✭✭✭Mrs OBumble


    I think you should seek advice from the health professional who has been treating you for the illness that has caused you to be on Illness Benefit.

    They are better placed than we are to advise you on a way forward, and their opinion would likely carry a lot of weight in determining whether you're eligible for JSA.


  • #3
    tenchi-fan
    Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    So you took a few months off sick, your employer told you your job was gone, you attempted to take legal action and then your solicitor advised you it will fail.

    I don't think there's any question of you going back to work after a year, regardless of your solicitor telling you to "play the game"! You lost "the game"

    As long as you don't have any "means" there shouldn't be a problem claiming JA. The max exclusion period is 9 weeks but if you go down to the dole office with your P45 and the letter from your employer from earlier in the year stating your job is no longer available I doubt you'll have any problem claiming JA.


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