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  1. #1
    Join Date
    Jan 2019
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    Default Unemployment Eligibility for Medical Reasons in Nevada

    My question involves labor and employment law for the state of: Nevada

    My girlfriend currently works in a high-stress office environment as an eviction paralegal. She has Asperger's syndrome which makes it very difficult for her to do her job due to her inability to talk to clients, and her condition also makes her obsessively focus on work which is causing her health to decline physically. She recently had surgery and insisted on going back to work right away which delayed her recovery, and she has several medical issues as well which are being worsened from the stress of her job. She grinds her teeth at night which has worsened her TMJ, which a doctor said was severe and will likely need surgery. That surgery will keep her from being able to talk or work for 2 months, and she's been delaying having her medical issues taken care of (There are other procedures she needs done as well) because she doesn't want to let her company down as well as the financial stress that quitting would cause. Her company absolutely will not fire her as they are too nice to do so.

    My question is, would she qualify for unemployment benefits if she quits in order to take care of her medical issues? The unemployment guidelines say that she will be ineligible if she quits without good cause, but good cause isn't clearly defined. I know if she had some sort of reassurance that she could get unemployment that she may be more likely to take care of the surgeries she needs done, but I can't find any information about this. Would it help if she had notes from her doctors explaining the need for her to quit?

  2. #2
    Join Date
    Feb 2008
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    1,146

    Default Re: Unemployment Eligibility for Medical Reasons in Nevada

    No she won't be eligible if she is unable to work due to medical issues. One of the clauses in unemployment is that she would have to be actively seeking and available for work (which it doesn't sound like she would be)

  3. #3
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    Jan 2019
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    Default Re: Unemployment Eligibility for Medical Reasons in Nevada

    Thank you for the information. To clarify, she would be able to work at another job, but not one that requires her to talk extensively on the phone as the surgery she needs would require her to limit her talking. After quitting she would be pursuing a job as a programmer which would allow her to work without having to speak with people all day, but her current job requires too much communication for her to physically be able to do it. Since she is the only person who can do her job, it wouldn't be an option for her to take a 2+ month leave.

  4. #4
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Unemployment Eligibility for Medical Reasons in Nevada

    The bar to quit your job and still get unemployment is set VERY high, and on purpose. I have been able to find nothing on an (admittedly quick) view of the Nevada website to suggest that quitting for medical reasons is ever a qualifying reason to collect benefits.

  5. #5
    Join Date
    Mar 2013
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    17,282

    Default Re: Unemployment Eligibility for Medical Reasons in Nevada

    NRS 612.380 - Leaving last or next to last employment without good cause or to seek other employment.
    1. Except as otherwise provided in subsection 2, a person is ineligible for benefits for the week in which the person has voluntarily left his or her last or next to last employment:

    (a) Without good cause, if so found by the Administrator, and until the person earns remuneration in covered employment equal to or exceeding his or her weekly benefit amount in each of 10 weeks.

    (b) To seek other employment and for all subsequent weeks until the person secures other employment or until he or she earns remuneration in covered employment equal to or exceeding his or her weekly benefit amount in each of 10 weeks, if so found by the Administrator.
    https://law.justia.com/codes/nevada/...atute-612.380/

    I have not found any appellate decisions (Google Scholar) that address a voluntary quit for medical reasons so I cannot opine on her chances of getting unemployment benefits under the conditions you describe.

    However, there is a remote possibility that she could qualify for Worker's Compensation benefits if her medical condition is due to work related stress. I have to emphasize that a stress related claim is a hard sell, especially in Nevada where Worker's Compensation puts claimants through the wringer.

    She would be wise to consult a Worker's Compensation attorney before quitting the job as well as an Unemployment Compensation attorney.

  6. #6
    Join Date
    Jan 2019
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    4

    Default Re: Unemployment Eligibility for Medical Reasons in Nevada

    Thank you adjusterjack. Do you know if Worker's Compensation directly affects the employer, or does the money come from a prepaid tax? The reason I ask is that she really likes her employer and boss, and she likely would rather not get benefits at all than do anything that would adversely impact her boss or company. I had to talk her into even considering applying for unemployment as she's never stopped working before. She plans to see a psychiatrist soon anyway and I have no doubt they could confirm that her medical issues have been worsened due to work related stress. I just don't know if I can convince her to pursue it if it would mean an actual confrontation with the company.

    From what I can find, in Nevada a worker's compensation claim even for stress-related injuries can only be claimed if it was caused by a specific dangerous event, and not gradually unless I'm reading it incorrectly. So it looks like she may not have an option then, but I'll still try consulting with someone to check.

  7. #7
    Join Date
    Oct 2016
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    3,344

    Default Re: Unemployment Eligibility for Medical Reasons in Nevada

    Yes, claims on an employer's workers' comp policy do affect the employer. Specifically, their Experience Rate that is used as a credit or debit to their premium cost.

    Most states that I have had to deal with do require a "traumatic" event for psychological related claims.

  8. #8
    Join Date
    Mar 2013
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    17,282

    Default Re: Unemployment Eligibility for Medical Reasons in Nevada

    Quote Quoting JackC
    View Post
    Do you know if Worker's Compensation directly affects the employer, or does the money come from a prepaid tax?
    One way or the other the employer pays for both WC and UI benefits. For WC it's an insurance premium, for UI it's a tax.

    Quote Quoting JackC
    View Post
    The reason I ask is that she really likes her employer and boss, and she likely would rather not get benefits at all than do anything that would adversely impact her boss or company.
    Forgive my bluntness but that is an incredibly foolish attitude (bordering on stupidity). The employer would fire her in a heartbeat and walk her right out the door if it suited him

    Where her health is concerned, look out for Number 1 and if she happens to be entitled to benefits that the employer pays for, so be it.

  9. #9
    Join Date
    Feb 2014
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    Default Re: Unemployment Eligibility for Medical Reasons in Nevada

    Quote Quoting JackC
    View Post
    Thank you for the information. To clarify, she would be able to work at another job, but not one that requires her to talk extensively on the phone as the surgery she needs would require her to limit her talking. After quitting she would be pursuing a job as a programmer which would allow her to work without having to speak with people all day, but her current job requires too much communication for her to physically be able to do it. Since she is the only person who can do her job, it wouldn't be an option for her to take a 2+ month leave.
    Programmers have to talk to people quite often, so you are misinformed about that.
    Don't make me quote Monty Python at you.

  10. #10
    Join Date
    Jan 2019
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    4

    Default Re: Unemployment Eligibility for Medical Reasons in Nevada

    When I say speak I mean vocally since as I said she's going to be getting a surgery that will prevent her from opening her mouth for two months.

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