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Does the following constitute "good cause" for unemployment?

I have been with the company for 10 yrs now and have always gotten great reviews. This past year has been very difficult for me and I have used up a lot of fmla time. I have already talked to a manager and HR Rep about my situation. My child is 12 and been on medication for ADHD and migraines since he was 4. I have been diagnosed with bi-polar depression and am currently taking rx drugs and in treatment. I don't have a car and depend on my sister for transportation (she works at the same facility)My son will be out of school and I can't afford quality care for him, he can not be left alone because when his medicine starts to wear off, he becomes a danger to himself or others(impulse control...extremely hyperactive. I am 48 and really stressed out over the situation which isn't helping my b-polar depression. My sister who I ride with is bi-polar and has mood swings that put me in tears, or put me on edge waiting for the bomb to drop. My work place isn't on the busline and other than my sister I have no way to get there. I come in already 1 hour and half later than everyone else so that I can get my son off to school.



Hi Anonymous,

Generally the answer is no. Unfortunately not being able to "afford" childcare is not good cause because it is a personal reason not attributable to the employer.

It's the "attributable to the employer part that is your problem.

Since your central issue is childcare costs, I think you need to be looking at how you can resolve this problem.


Chris

Comments for Does the following constitute "good cause" for unemployment?

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Jun 02, 2009
ui
by: Anonymous

Chris, it's not one isolated thing in this case. From what I have been able to research online, caring for a child with "special needs", transportation...or lack of, not to mention the mother's diagnosis, are all "good causes" according to most websites???


Hi,

First of all, I can think of only two states that consider a lack of transportation under certain circumstances as "good cause" and that would be Arizona and Connecticut.

Secondly, you said you wanted to quit because you couldn't "afford quality childcare" you mentioned nothing about medical documentation that required you to provide that care to your child and even if you had, that would make you not "able and available for work" which would mean that you couldn't collect the benefits until your child returned to school and freed you up to do so if good cause was found.

And finally, you made no mention that you yourself had medical documentation advising you to quit your job due to anything connected with the work. Even a person that has medical documentation saying they need to quit due to a health issue cannot receive unemployment until they are able and available for work. The exception to this would be in a state that has some type of temporary disability unemployment insurance (TDI). Namely CA, NY, RI, NJ, HI .. and Puerto Rico.

Please understand, I am not a legal professional and in case you haven't already .. please read the the disclaimer.

I understand you are researching the possibility and I think that's a good thing, but from the information you provided my "opinion" is that if you quit it will not be found with good cause for the reasons you gave.

You mentioned nothing about anything the employer might be doing to discriminate against you due to the FMLA or any discrimination due to your diagnosed condition. In fact you didn't say a word about anything that would make me think you were quitting due to something "connected to the work".

It may very well be determined that you quit for good "personal reasons", but to collect unemployment because you can't afford childcare and won't be able to work this summer because you can't afford childcare and you depend on your bi-polar sister for a ride to work and she makes you cry and worsens your own bi-polar disorder and the work isn't on a busline .. all of which raises an issue of whether you are able to work .. are the reasons for my answer.

I am in no way trying to force you to believe me .. if you have found information that says you can collect unemployment for the reasons you stated .. go with that .. It's your responsibility and burden to prove good cause .. not mine.


Jun 05, 2009
quiting my job
by: Anonymous

I have worked for an insurance company for Five years. I do believe they are trying to get me to quit. I was hired as a medical and behavioral health case manager. My credentials are in this area.

They have recently changed the organization and I am being forced into a job that I do not want. I will have to do a social worker job. The job description even states it is a social worker. I do not want to be a socal worker. I am inept at being a social worker and it is against my ethical values to represent myself as one when I am not. I need just a little money coming in for a few months until I find another job. Can I be eligible for unemployment if I quit due to the fact that they have changed my job descriptions to an area that I am not even experienced or qualified in?


What state are you in. There's always a possibility for unemployment when an employer offers you a job outside your ability or training, in fact some states have provisions addressing it.

Jun 25, 2009
unemployment if you quit?
by: sharon

IU laws are to be construed in a manner to grant, not deny benefits. I am thankful for that and also to my former employer who did not fight the claim. Moral of the story, yes you can get IU benefits if you quit your job. I may have not have been as detailed in my original post, for one of you anyway, as to why I felt it necessary to quit. The burden of proof was on me, with documentation of good faith covering my last two months with the company along with the four qualifying reasons listed for good cause claim. Thanks to all who have responded...and I leave all with what I hope to be construed only as a word of advise. In reponding to any blogs, try to be kind. In many cases people are putting themselves out there, and I for a fact don't want to read responses from those who can't relay factual helpful information without having to be "smart guy" whose mission is poking holes in the posts made...what a downer man, always look for that silver lining!

Jun 25, 2009
Statutes are to be contrued in favor of the claimant.
by: Chris - (webmaster:)

That a very good point Sharon. It's called "liberal construction". But I would warn all to not pin all hopes on this.

Our best bet every time .. is preparation and a crash course in how unemployment matters are decided.

Those "smart guys" are probably HR specialist. I've read a lot of questions from UI claimants at a lot of different forums. I am appalled by some of the answers people are getting from supposed employment experts. They appear to be experts at keeping employees in the dark.

I agree wholeheartedly. There is no reason for disrespect or belittlement. It takes courage to ask in the first place.

Sep 03, 2010
can i collect unemployment for my reasons listed
by: Anonymous

i have been working at my job for almost two years and the last couple months have been hectic. i am being put down from my managers on almost and every day basis which caused so much stress and anxiety i am now medicated to an every day medicine can i collect if i quit my job for this reason i cant handle it anymore.




You still have not provided the information that is critical to collecting unemployment when you quit

Oct 18, 2010
death in family
by: Anonymous

Im considering quitting my job d/t my only sibling, my brother has been missing for over a month. I am finding out that this could be a possible murder. My brother was a patient of the doctors office that I work for. Im returned to work after 2 weeks off after I find out because I could not receive FMLA d/t have not been with company for 1 year. (Nov 11th will be 1yr) It is a real struggle to be at work because I feel like everyone know my brothers problems and saw him at his worst. I am realizing that my attitude towards my patients is affected, im not as compassionate to their problems because all I can think about is my problem. Also my father is in very bad health condition and his health is steadily declining since my brother has been missing, I feel that I need to stay at home and take care of him because he isnt taking care of himself. Do you think this is considered "good cause"?




Hi,

No, I don't think if you just quit it would be with good cause .. it would be considered a personal reason and although compelling, not attributable to the employment.

To have any hope at all .. even if it were your own illness and FMLA weren't possible .. you would need to provide medical documentation and request a personal leave of absence.

Then the possibility exists in theory anyway or depending on state statutes and precedents if the leave is denied it can be shown to be "attributable to the employment" because you tried to preserve the employment.

But I should caution you that it depends on what state we're talking about.

Additionally, while you are caring for your father .. even if you are found to have good cause for quitting, you would still be disqualified since you wouldn't be "otherwise eligible" .. because you wouldn't be "able and available for work".

It's a basic condition that must be met to collect any benefits.

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