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California quitting for health reasons and collecting unemployment.

by AL
(California)

Has anyone overturned section 1256 (good cause to quit) because of a medical condition? Specifically, does anyone know if 'good cause' ever been considered because of a clinical depression? What if the company never fully explained it's medical or leave policy?



Hi AL,

It is very possible to get unemployment because of a "health condition". Especially since California has disability unemployment benefits, but you can't get regular unemployment if you are not able and available for work.

I think you need to read some sections of the California benefit determination guide. Specifically VQ 235 and MC 235 as well as AA 235.

After reading those sections of the guide and you still have questions .. feel free to ask.

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Jul 02, 2009
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Quit Not on Advice of Physician
by: Anonymous

VQ 235 Section B states, "However, situations do arise where the claimant quits work because of health problems BUT the claimant has not received medical advice to leave work. The fact alone that there was no medical recommendation that the claimant leave work will not support a finding that the quit was without good cause. If the fact of the claimant's illness is clearly established AND the claimant's subsequent actions establish that his or her physical condition was a compelling reason for termination, then the quit is with good cause."

How can this be established? How can the board be certain that the conditions in fact became "acute or critical" in regards to phycological conditions? The reason I ask is because in this situation the actual severity can only be relayed by the patient describing the symptoms he or she is experiencing.


Hi,

It sound like you might have quit before seeking accommodations or even making the employer aware of your health condition .. if so, you didn't offer them any opportunity to help them help you preserve the employment first. This would be the subsequent action part.

Since you haven't really given any details .. I can't answer your question, nor will I write a detailed hypothesis of what I think is your problem, but you might want to read some precedent decisions .. here.

Nov 03, 2009
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similar situation
by: Anonymous

I was out because my job made me sick. I am a diabetic and the stress was making me sick and I was dealing with an abusive supervisor that put me over the top. When I went back, first they blamed me because they said they didn't know I was coming back so they gave most of my territory and clients to someone else and I had to start over from scratch. They smartly removed the abusive supervisor, but upped the expectations and then I was finding myself stressed out by unrealistic expectations and relentless demands for things out of my control.
Now,more recently, I have had a horrible series of cluster/migraine headaches that put me in the hospital and out on sick leave which I have no more of so basically I am not getting paid. The stress of this unbearable. And it seems like they are afraid of me so they wont fire me, go figure?
I don't know what to do. It is an extremely unhealthy environment for me and my headaches have got me seeing a specialist. I would quit but I cant afford to be without unemployment. What are my options?


Hi,

Have you gone to a doctor and checked into the possibility of getting California Temporary Disability Unemployment insurance benefits?

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