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Quitting for medical reasons and being denied , a right to appeal?


(NYS Unemployment Benefits)

I recently have been going through some medical issues (recently diagnosed with I.C). I found it getting difficult to work especially the travel to and from work. So I went over my options and knew my employer wouldn't help (reduction of hours, esp. since I had my gallbladder removed in Oct 2010- with no help from them), I made the decision on resigning. Had an interview for a job(closer- travel-wise) but fell through. friend told me to apply for Unemployment. I did got the awards determination, went through my waiting and the following week. Then on third week received the denial letter stated that I had no good reason for quitting( no doctor telling me I should). I was going through treatments to help slow/control condition but just made everything worse. I.C is considered a disability if severe enough. Should I have been denied or do I have a right to appeal?





Hi,

You absolutely have the right to appeal.

However, the problem is that when you quit for medical reasons you have to at least make the effort to seek accommodation of some kine .. even if you know it will be futile .. your efforts should always be documented .. because they are your proof.

This system really isn't about people .. it's about laws and how they've been interpreted.

Quitting a job means the burden of proof belongs to you.

NY does not have a specific provision relating to good cause for quitting due to a worker's illness.

But they do have some interpretative decisions that might be useful for you to read.

You told me you knew your employer wouldn't help you out so you just resigned.

However, the point I keep making over and over is it doesn't matter what you think your employer will do .. or not do. It matters what you can prove you tried to do .. and that is to preserve the job.

The good cause is created when the employer refuses to accommodate a reasonable request by you, based upon your documented health condition.

Now, the employer can say .. hey .. she didn't even tell us about the problem. If she'd have given us a chance to help out .. we would have at least looked into it. It's not our fault she's unemployed.

Chris




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