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Not being able to work due to court custody case / Domestic abuse - New York

by Angel Ludlum

My kids are being abused in their fathers home and had to leave state to file police reports, also fight the case to protect my kids. Told by job that I have been off for so long I will probably be fired. I have been fighting a whole state with documented proof, been at this job 5.5 months but have great work history.

Hi Angel,

Truly sorry to hear about your circumstances, but it did prompt me to first check Nonmonetary Eligibility Table 5-2 under the heading of "Domestic Violence" because some states have provision which create an exception to a voluntary quit for this reason.

I then checked the New York State interpretation index because the link above shows NY does have a law. It's last in the list under section 1635. If you adhere to the requirements you may have good cause to quit.

But since the employer is threatening to terminate your employment .. possibly because a leave is about to expire .. you'll want to check the Misconduct section also. just so the employer can't say you didn't do anything a "reasonable person" would naturally of thought of under the enormous stress I'm sure you're feeling right now. Sorry if my sarcasm misses the point, but I often times think a person almost has to become a circus performer just to protect themselves.

If it is a matter of leave of absence .. be careful.

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