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  1. #1
    Join Date
    Mar 2014
    Posts
    4

    Default Can I Get Unemployment After Resigning Due to Stress

    My question involves unemployment benefits for the state of: california

    My question involves unemployment benefits for the state of: California
    i worked for a company for 2 years as basically the manager due to the real manager not showing up, but on paper i was the assistant manager. During my time with this company i was in charge of making the employe schedules, being on call if someone calls out, making decision when the manager was away or could not be reached, making protocols, and disciplining employees with the consent of the manager. everything i did, i had it approved by the manager before a decision was made.

    over the course of two years, the manager would give me orders to discipline a employee only to quickly reverse it and make me look like that bad guy all the time. as the supervisor, employee would use foul language towards and told me many of times told that they don't care what i say because they only answer to the manager. an example of this would be, and employee that was late(30min-1hour) 2-3 times was awarded weekends off. the manager told me to tell him he can off the weekends as long as stopped showing up late or else he would go back to his own schedule. well that did not go over well and i got cussed out by the employee. i express to the manager that if we make a plan of action we need to stick to it and not pull the rug from under nether me every time because the employees are verbally abusing me and nothing get solved.

    after about the year and a half mark of dealing with these kind of situations, i started to noticed that i was not sleeping well and i started to get anxiety attacks. i started to see a therapist and a psychologist and was put on anti anxiety pills. they told me that work was causing me much stress and that if things were not changed that i would need to quit or else my conditions would never improve. i told my manager that i was seeing a therapist for my mental health and asked to start backing me in the decisions or else i would be force to quit to protect my mental health.

    after waiting a few months and seeing no changes i had to quit. am i eligible for unemployment benefits?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Am I Eligible for UI

    Almost certainly not. It is extremely difficult to get unemployment if you quit. I would expect your employer to fight it tooth and nail.

    However, there is no downside to applying. I have seen some very strange decisions from the unemployment offices around the country in both directions - a friend of mine had an employee approved for benefits after being caught red-handed stealing; benefits were approved because the employee handbook did not expressly state that you could be fired for stealing. (Lest you make too much of this, let me point out first that this decision was not in your state, and also that the decision was overturned on appeal.) I've also had employees of my own turned down when I didn't even contest, because the unemployment office determined that the reason for termination disqualified them for benefits whether I appealed or not. The point is that only the UI office can say for certain if you qualify, and they won't do so until you've put in a claim and they've completed their investigation. The worst they can say is no, and if they say no you are no worse off than if you don't apply in the first place.

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Can I Get Unemployment After Resigning Due to Stress

    Here's the problems you'll face getting UI with a medical quit.

    First off, there can be no selfdiagnosis. You need to have paperwork from your doctor. That paperwork needs to say, "you have to quit to protect your health." If the paperwork doesn't say that, but only that your doctor verbally told you to quit, then you'll have a problem.

    Second, you're supposed to ask for a leave of absence to get better. Now, it's possible that asking your employer to make changes to help your condition might be ok, but if you didn't do it in writing where you have proof, then again you have a problem. You'll go into the hearing saying you talked to managment, and their version might be "this is the first we're hearing about it."

    Then even if you pull off the above, the ALJ might conclude that with your submitted diagnosis that you're too sick to work right now. So you might be eligible on the separation issue, but you can be denied on an able & available basis and still not get any money.

    The time to plan on getting UI is before you quit because while you're still there you can do the required steps in a way that you have solid evidence to back up your story. Now that you've left, you're at a disadvantage if you didn't collect the evidence you'd need before leaving.

    You've already left, so you have nothing to lose by trying. Read through http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_235.htm to help you in making what evidence you do have fit into a winning pattern.

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