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Misinterpretation of reason for claim

by Sandy

I quit my $60000 a year job for several reasons. First of all, I had my second back surgery in 2 years to replace damaged discs. The most recent surgery was in April. The discs removed and replaced were the last 3 on the lower spine. This problem was more than likely exasperated by my need to travel for my job. I covered a tri-state area and traveled over 1000 miles a month driving. Sitting is extremely uncomfortable. I was released back to work with the conditions of limited travel and not lifting more than 10 pounds. My HR department was provided all necessary info and my boss was informed of the information. The last 2 weeks that I worked I had to travel more than 15 hours of driving and was having to lift items over 30 pounds, scrub on hands and knees, bend and climb. This became very problematic as it was causing great discomfort and risking my reinjuring my back. Also, my husband got a job offer in Georgia causing me to have to relocate. My office was a mobile office so this was not an issue. Lastly, there were personal family issues with my 2 autistic charges that needed my attention and good health to care for them. The travel and pain kept me bed ridden when home to recuperate physically thus not allowing me to handle home responsibilities. I was denied benefits through unemployment because they say I quit to care for a family member. This is not the entire picture. I have filed an appeal but what are my chances? I am still experiencing discomfort and pain as a result of those last two weeks of working. I am waiting for a Dr referral so that I can have my back re-checked. Help!

Hi Sandy,

Unless those restrictions which you were released back to work with were lifted you may have a chance because the "unemployment department" is supposed to look at all the reasons a person might give .. if there is one qualifying reason they are supposed to liberally interpret the statutes to allow benefits.

This is why I always preach to focus on these reasons .. leave the stuff out that would otherwise be disqualifying.

The only thing that would enable you to get benefits .. is the health reasons and the employer not allowing or possibly forcing a person to work beyond the restrictions. But of course the state always like to see that you took steps to try to correct the situation first.

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