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  1. #1
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    Default Can You Get Unemployment if You Quit Due to an Injury

    My question involves unemployment benefits for the state of: Texas

    Can a person collect unemployment if they were forced to quit work due to medical reasons (broken leg)? I know you're not supposed to quit a job, but there has to be an exception in this case...

  2. #2
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    Default Re: Unemployment Benefits in Texas

    How was the person "forced" to quit work? Did someone hold a gun to his head?

    Seriously. It matters.

  3. #3
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    Default Re: Unemployment Benefits in Texas

    Not he. The person is a she.

    The person worked in a warehouse where they were the ability to walk was necessary. It wasnt some office job where they sat on their butt in front a computer 8 hours a day doing nothing. It was a real job that required manual labor. Ever tried to walk with a broken leg? No, I didn't think so.

  4. #4
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    Default Re: Unemployment Benefits in Texas

    But why was she forced to QUIT? Why couldn't she take a medical leave? What was wrong with FMLA? How long was she going to have to be out?

    I'm going somewhere specific with this - I'm not just yanking your chain. These questions really matter to the answer to your question. You can bet that the unemployment office will be asking them. I can't answer your question without this information.

    And don't assume what I have and have not experienced, please. I have a permanent limp from a broken leg thirty years ago.

  5. #5
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    Default Re: Unemployment Benefits in Texas

    Sorry for my hostile response. I was havin a bad day.

    I spoke with the person in question and asked her for details. Here's what she told me: She broke leg almost a year ago. It was a very serious injury and she didnt not have insurance. She's only been physically able to work for the last couple weeks (in Texas you cant get unemployment unless you are able to work). The person originally did the fmla thing, but, as you know, fmla is only good for a three month period. After 3 months went by, the boss simply replaced her. She did not actually quit... per say...

  6. #6
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    Default Re: Unemployment Benefits in Texas

    Doesn't sound like she quit to me. However, she may not have enough wages in the base period to qualify for unemployment benefits, in which case the reason for the separation from unemployment would not be relevant. What was the date she last worked?

  7. #7
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    Default Re: Unemployment Benefits in Texas

    I would agree that for UI purposes, this is not a quit, and that is precisely why I was pushing for more info. However, Patty also has a valid point; you do have to have wages in the base period or the reason becomes irrelevant.

  8. #8
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    Default Re: Unemployment Benefits in Texas

    She worked Jan 1st 2008 to May 3rd 2010... I know shes been off work a lot time, but shes only now eligible to work again.

    As far as her wages, that's her personal information. I haven't asked. However, judging by her profession and the amount of hours a week she worked (30-40), I would suspect she would be around 300-400ish a week.

    See Cathy, you ain't such a terrible person after all. You can be reasonable... from time to time.

    P.S. I know she didn't quit, but what other term should she use to word it?

  9. #9
    Join Date
    Dec 2007
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    Default Re: Unemployment Benefits in Texas

    The base period for her claim in calendar year 2010. She may not have enough quarters with earned wages or enough wages to qualify. She can file and find out. In some states, the claimant must have wages in 3 of the 4 quarters in the base period; I couldn't find anything on the Texas UI web site that clarified that.

  10. #10
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    Default Re: Unemployment Benefits in Texas

    But she worked for over 2 years. How would she not have enough to qualify?

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