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I have been out several times for medical leave for aniexty attacks. I have went to HR with No avail. They have taken up for my manager can I quit my job and get unemployment - Workplace Discrimination

by Lenora

I have worked on my job since 2005. I received a new manager within the last two years. I am the only black in my department, I am not saying this was an issue however, this man's demeanor is horrible. He walks around like he's a judge, he's given me major problems, he's controlling. he watches you like a warren when he walks by and hes always so negative. I have had monthly meetings with him one on one to no avail. I have been out on sick leave three times. Would I be able to collect unemployment. I have started having aniexty attacks again.

Hi Lenora,

If you are saying this man is the source of the stress causing your anxiety attacks, you could conceivably receive unemployment since you will be able to show that you have made efforts to remedy the situation by going to HR and continuing to meet with the manager to discuss your problems, but I would suggest you first speak with your medical professional. They may be able to provide you with documentation advising the need to remove the source of stress causing the attacks.

There are a lot of factors that may be considered such as if you would have been able to use FML. If not, did you request a personal leave.

Did you have a panic disorder prior to this man becoming your manager.

Have you asked to be moved to another department or manager.

Has the employer been made aware of your condition through submitted medical documentation?

If so, discrimination can occur based upon a disability. The possibility that your employer is trying to force you to quit is real. They don't like employees they feel are high maintenance (those who use FML especially for mental disorders). It is difficult for many people to accept that anxiety attacks can be a physical condition that a person has no control over...until it happens to them personally.

There are a lot of considerations Lenora and I think you might be well advised to first contact an attorney before you take any action. An attorney and an EEOC complaint when justified, can make an offender back off pronto and force them to provide an accommodation whereas they couldn't find one before.

I think the employer is playing the odds you will just quit and alleviate their problem with no hassles. They may not even fight your unemployment claim...but who knows.

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