Can I get unemployment in Florida due to physical limitations

by Anonymous
(Florida)

I injured my knee one year ago at work and had surgery which was a medical menisectomy and patella injury with chondroplasty. I was released with MMI on 12/22/2008. My limitations being no kneeling or crawling. I went back to doctor who now says I have pre-patella bursitis

I am a housekeeper who has to clean at least 3-4 homes a day of 1,000 or more square feet for the elderly. We have strict time limits of 50 minutes to two hours depending on the size of the home.

My employer insist I must do the job by the time limits set, but I tried and can't keep up. This in return has caused more pain.

They insist I quit since I'm not able to keep up. If I do will I be diqualified for unemployment benefits?


Hi,

Some employer's actually believe that if a person quits...they'll be denied. Other who know something about unemployment law know that if you quit...they might be eligible to be "non-charged" for your benefits and if they discharge you....they will be charged....but what if they aren't aware of this (and many aren't).

You may get benefits, but what if the employer then appeals because you quit...it could be a hassle...They may tell the state that they would have been willing to make accommodations for you, but you chose to quit anyway. The laws and requirements for quitting with good cause for health reasons vary from state to state and Florida does allow unemployment for your reason, but it has little to say about the requirements.


Because your situation involves an injury and condition caused by the work, I think you should consult an attorney before you do anything. There may be more at stake for you than unemployment benefits.

This is from Florida's statute 443.101

1. Disqualification for voluntarily quitting continues for the full period of unemployment next ensuing after he or she has left his or her full-time, part-time, or temporary work voluntarily without good cause and until the individual has earned income equal to or in excess of 17 times his or her weekly benefit amount. As used in this subsection, the term "good cause" includes only that cause attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his or her work. Any other disqualification may not be imposed. An individual is not disqualified under this subsection for voluntarily leaving temporary work to return immediately when called to work by the permanent employing unit that temporarily terminated his or her work within the previous 6 calendar months. For benefit years beginning on or after July 1, 2004, an individual is not disqualified under this subsection for voluntarily leaving work to relocate as a result of his or her military-connected spouse's permanent change of station orders, activation orders, or unit deployment orders.

Please note the word "requiring" in this part:

As used in this subsection, the term "good cause" includes only that cause attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his or her work.