I quit due to medical reasons in Florida.

by Michael
(Florida)

Worked 18 months at an annual salary of $101,000. Got Laid off due to department moving from Florida to North Carolina. Did not file for unemployment as I was offered a Sales position on straight commission. Worked when I could as I had open heart surgery and could not carry the sample box. Made less than 4,000 and worked approximately 1 1/2 of the 4 months. Finally I resigned due to medical reasons. My boss said my job would always be waiting for me.

I have been living off of my 401 K and that is almost gone. Am I ENTITLED TO UNEMPLOYMENT BENFITS?????

Please help.


Hi Michael,

Yes you should be. Florida does have a provision for quitting due to a worker's illness or disability, but it all comes down to the sequence of events and if you are still able and available for other work. Therefore, you will have to show why you were physically incapable of doing the job any longer...and probably will need to provide some medical documentation.

The statute says:

443.101 Disqualification for benefits.--An individual shall be disqualified for benefits:

(1)(a) For the week in which he or she has voluntarily left his or her work without good cause attributable to his or her employing unit or in which the individual has been discharged by his or her employing unit for misconduct connected with his or her work, based on a finding by the Agency for Workforce Innovation. As used in this paragraph, the term "work" means any work, whether full-time, part-time, or temporary.



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.

Although you were making some very good money...the maximum weekly benefit amount in Florida is $275 regardless of the fact that you probably have base period wages sufficient for four or five people to get the max amount.

Chris

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Can you get Florida unemployment for quitting due to a medical problem Medical Problem
by: Anonymous

I quit my job of 4 years due to stress causing TIA's Small Strokes. I have a medical report showing this. Can I file for unemployment compensation?



Response to quitting due to a medical problem in Florida
by: Chris - webmaster:)

Hi Anonymous,

If the medical documentation specifies that you should quit the job because of the stress and does not prohibit you from seeking other less stressful work you should be able to collect unemployment.

To collect unemployment in Florida .. you must be able and available for work and if that report from your doctor is saying that it is the stress of that job causing your TIA's versus work in general .. you should be okay to collect unemployment.

The state may also want to know if you first tried to correct the conditions that were causing the stress by requesting the employer to make accommodations that would remove the stress.

do i qualify for unemployment
by: Anonymous

I quit my job due to medical reasons i have deteriorating arthritis in my feet and knees now in my knees is a mild case of osteoarthritis and i have had benign tumors removed from the top of my feet i also have degenertive lumbar disc disease in my lower back my disc are thinning leaving me unable to my job as a security guard my doctor says im 85%disabled from a normal person would i be able to collect unemployment i worked for the company for over 2 years



Hi,

Possibly, if you met all the prerequisite stuff you have to do to prove the voluntary quit was with good cause and you're still able and available for work according to the restrictions your doctor has documented.

Sincerely, your question is too broad. And I have gone on in the other FAQ's ad nauseum about the issue of quitting due to health.

What in the this thread where you left a comment instead of asking your own question about your own situation, would you like me to expand on?

Chris

stressed out and working job that is actually required to lift more than my disability states
by: Anonymous

I have a part time job in which I feel need to resign due to disability limits and stress as to which I have been on medicines for high blood pressure,anxiety and depression since 2009. I have tried to continue my job but realized it is too much on me physically and mentally. Do I still have to get written information from my doctor to show my job is too much for me?



Did you read the Florida Statute?

As used in this subsection, the term “good cause” includes only that cause attributable to the employing unit which would compel a reasonable employee to cease working or attributable to the individual’s illness or disability requiring separation from his or her work.

Granted, it's confusing merely because they use the word "or" however, I'm beginning to think it's a lost cause to ever explain or convince most employees, even those with the ability to prove a voluntarily quit would of been with good cause, that the burden of proof required by unemployment's standards because you still can do something to work .. that this forces you to actually PROVE you first exhausted all reasonable recourse to PRESERVE THE EMPLOYMENT first.

The way to do this is to make sure you can prove you gave the employer the opportunity to correct your job requirements to fit within your limitations.

That's why I've typed out the word "documentation" countless times .. to explain how to prove things a lot more easily.

No one at the unemployment department just has to take your word for anything .. because what you verbally convey isn't itself considered proof. Verbal testimony to the contents of a document is what gives weight that your version of the story is the most credible.

Then, the burden is basically shifted to the employer. It is when an employer refuses to accommodate, as in your case, the mentioned documentation of a medical weight lifting restrictions (which cannot just be a self diagnosed condition, but a documented and real medical restriction) you wind up with the good cause when it's the employer that starts looking unreasonable for insisting you ignore your own health risks .. to work for them.

This is a general synopsis of how an employee effectively shifts the burden back to the employer and places the fault for you having no choice, but to quit at their feet.

But here's the thing Anonymous# 2532 .. why doesn't anyone think to do this .. because wouldn't a reasonable person try to save their job .. so they can keep on earning .. instead of collecting?

Chris

Too Stressful.....
by: Anonymous

I have an extremely stressful position (I can not emphasize that enough). I was told yesterday, by a doctor, that I should not be in this position anymore for medical reasons. Due to the department I work in, there is no way to just reduce the stress within my current position; nor is there any other position within the "company" that I could just transfer in to. My next option is to quit.

So my question is this, under the current Florida State Statues, would I possibly be able to receive unemployment?

Thanks



Once again I will stress that to receive unemployment when you quit .. although the reason being important .. it is not as important as exhausting the efforts to preserve the job and shifting that burden of proof back to the employer .. before you quit the job.

This is regardless of what you know or would expect the employer's response to be.

The point is, you are cutting the natural protest off that you did not give the employer the opportunity to correct or accommodate first .. and then the UI dept. decides whether the cause you brought to the employer's attention is valid.

Too stressful .. okay. Then look at the situation objectively through the law to see why it requires you to try to preserve.

Being stressed at work is often the case and if that were enough for good cause millions could quit and get benefits.

What makes it an objective decision to quit is the medical documentation presented to the employer and ignored .. that's when you are forced into making an objective decision about your health.

Unemployment
by: Anonymous

I have CHF and uncontrollable sinus tachycardia because of this I am unable to work, I already been out 120 days on disability last year, can I resign and be able to collect unemployment.


Is your condition been proven to be related to the work in some way, and has your physician advised you to quit your job? That's what Florida unemployment will want to see.

But .. there's a big one in what you told me.

I think I might be counting myself lucky that my employer hasn't yet terminated by employment as of yet and I'm still able to collect disability and have a job when/if my condition improves, as unemployment isn't possible to collect unless you're also able and available to accept a job and work.

That you stated you aren't able to work, is precisely what makes you unable to meet one of the most important conditional requirements of being A&A for work to collect.

unemployment when you can't work
by: Anonymous

work at the same job 13yrs. due to some medical issue, I had to go from 5days wk to 2days a wk. then down to no days. need time to heal and can't get any help. I am 57 no spring chicken. don't want to be homeless or go hungry.




Well, since you are not able to work, any help will have to come from some place other than unemployment benefits. Being able and available to work is a conditional eligibility requirement.

Might you be eligible for disability?

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