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Can I Get Unemployment if I Quit My Job with Graveyard Shift Hours for Health Reasons

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  • 09-16-2015, 04:12 PM
    firefly3999
    Can I Get Unemployment if I Quit My Job with Graveyard Shift Hours for Health Reasons
    My question involves labor and employment law for the state of: Illinois.

    I've been working graveyard shift for two years now with no end in sight. I was not told the hours I would be working until I already accepted the job offer and was hired on. I am at a breaking point and it has seriously affected my physical and mental well-being. I was recently diagnosed by my doctor with a sleeping disorder, and the doctor gave me documentation stating this, and a recommendation to return to a daytime work schedule in the paperwork. If I give my employer this paperwork and they won't accommodate this and move me to a daytime schedule, If I quit would I be eligible for unemployment benefits? My state allows for what is called a "Medical Quit" but the language is a bit vague. Here is what I found online:

    Quote:

    1. When the worker is deemed physically unable to perform his work by a licensed and practicing physician, or because the individual’s assistance is necessary for the purpose of caring for his or her spouse, child, or parent who, according to a licensed and practicing physician or as otherwise reasonably verified, is in poor mental or physical health or is mentally or physically disabled and the employer is unable to accommodate the individual’s need to provide such assistance.
    Any advice is appreciated.

    Thanks!
  • 09-16-2015, 04:32 PM
    Mr. Knowitall
    Re: Can I Get Unemployment if I Quit My Job with Graveyard Shift Hours for Health Rea
    Per case law,
    Quote:

    Quoting Lojek v. Department of Employment Security, 368 Ill.Dec. 393, 984 N.E.2d 118. (6th Div., 2013)
    To demonstrate that a health concern is a sufficient and justifiable reason for terminating employment, a plaintiff must: "(1) offer competent testimony that adequate health reasons existed to justify [her] leaving work on the date [she] terminated [her] employment; (2) have informed the employer of the health problem; and (3) be available, where reasonable accommodation is made by the employer, for work which is not inimical to [her] health."

    Case law suggests that it's not going to be sufficient to have a letter from your doctor indicating that you would medically benefit from changing shifts, but that you will need the doctor to actually state that it will be medically necessary for you to quit if you cannot change to a daytime shift. See, for example:
    Quote:

    Quoting Zbiegien v. Department of Labor, 156 Ill. App.3d 395, 399, 510 N.E.2d 422 (1987) (citations omitted)
    Although the Act is to be liberally interpreted to favor the awarding of benefit,... we find that plaintiff failed to meet his burden of establishing eligibility under section 601(B) of the Act. His ophthalmologist's report indicated only that he could perform any work which did not unduly risk eye injury or require "simultaneous binocular vision." A physician is not required to use the exact wording of the statute... and the doctor's advice is subject to interpretation in the context of whether a plaintiff is entitled to unemployment benefits.... However, not every statement by a physician, no matter how ambiguous or equivocal, will satisfy statutory requirements.... The statements of plaintiff's physician in this case certainly did not satisfy the requirement of section 601(B) of the Act that in order for a claimant to receive benefits after voluntarily leaving work, he must be "deemed physically unable to perform his work by a * * * physician," and plaintiff is therefore not eligible to receive unemployment benefits under this section of the Act. Ill. Rev. Stat. 1985, ch. 48, par. 431(B).

  • 09-16-2015, 04:49 PM
    HRinDEVON
    Re: Can I Get Unemployment if I Quit My Job with Graveyard Shift Hours for Health Rea
    Stress caused by a job is generally a looser reason to get UC if you quit and for budget reasons both states and employers are taking a harder line on UC for quits. ....I suggest you follow Mr Knowitalls suggestions and then some to make your points.

    Frankly I doubt a shift change cures your problems ...but you are entitled to ask for one .

    You best have a doctor ready to show up and testify on your behalf! not so easy to find !
  • 09-17-2015, 10:17 AM
    chyvan
    Re: Can I Get Unemployment if I Quit My Job with Graveyard Shift Hours for Health Rea
    Quote:

    Quoting firefly3999
    View Post
    If I give my employer this paperwork and they won't accommodate this and move me to a daytime schedule, If I quit

    You're leaving out another possibility. If you give this to your employer, and do it "correctly," your employer might very well fire you because of your attitude, and then you don't have to quit.
  • 09-17-2015, 11:57 AM
    eerelations
    Re: Can I Get Unemployment if I Quit My Job with Graveyard Shift Hours for Health Rea
    This seems to be a near-verbatim thread by an OP with another name (which I can't remember now), about a month ago.
  • 09-18-2015, 02:56 PM
    comment/ator
    Re: Can I Get Unemployment if I Quit My Job with Graveyard Shift Hours for Health Rea
    If you quit your job, in order to be approved you must show that you have a valid work related reason to quit. You will take all your information in, and present it, and they'll make a decision based on whether or not the unemployment system believes you had a valid work related reason to quit the job. I have rarely seen a shift issue become something that qualifies a person to receive unemployment, but that's not to say it couldn't couldn't happen. File the claim, let it play out.
  • 09-18-2015, 03:37 PM
    eerelations
    Re: Can I Get Unemployment if I Quit My Job with Graveyard Shift Hours for Health Rea
    I think OP would be better off if he doesn't quit his job.

    Meanwhile, doesn't anyone remember this post from about a month ago? Or am I just becoming psychic in my old age?
  • 09-18-2015, 07:16 PM
    comment/ator
    Re: Can I Get Unemployment if I Quit My Job with Graveyard Shift Hours for Health Rea
    Let him quit. He wants someone to tell him if he's got medical documentation that the shift is hurting his health, he's in like Flynn, and that's not what he's hearing. Poor guy.
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