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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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I quit my job at a law office because I couldnt handle the

Resolved Question:

I quit my job at a law office because I couldn't handle the stress of the job anymore. While I worked there I ended up on blood pressure medication and anti anxiety medication. I was denied unemployment. They cited section 1256. I worked in a small law office why would I ask for a leave of absence when I would eventually come back to the same work load and stress that I couldn't handle in the first place.

Do I have grounds to appeal the decision?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
A voluntary quit based upon health conditions requires certain facts as proof of "good cause" for unemployment purposes. Failure to provide said proof will disqualify the claimant.

The following is the list of questions that the EDD investigator asks a claimant. I will provide the answers that would ordinarily provide eligibility for unemployment.

  1. If the quit was because of the claimant's health, did the claimant quit on the advice of a physician? [Y -- this is critically important]
  2. Was the claimant physically unable to work at the time of leaving? [Y -- stress level manifesting physical symtoms: nausea, angina, dizziness, migraine, shortness of breath, etc.]
  3. Did the claimant request a leave to preserve the employment? [Y or N -- but, it would have been futile, because of the employer's small size]
  4. Did the claimant's medical condition exist before he/she was hired? [N] If so:
    1. What led the claimant to believe he/she could do the job when he/she applied for it?
    2. Was the employer aware of the claimant's physical condition at the time the claimant was hired?
  5. If the claimant left work due to a belief of imminent illness or injury [Y]:
    1. What basis did the claimant have for that belief? [physical symptoms -- see above]
    2. Was the belief reasonable? [Y - in view of physician's diagnosis]
    3. Were the risks inherent to the occupation? [N]
  6. Was there any reason, other than health, that the claimant left the job? [There is no best answer here. However, if the reason was more primary than the health reason, then it could change the entire analysis and conclusion, so having another reason is generally not a good plan] If so, what was the primary reason for leaving? [N/A]

Note: The court will want to hear you testify to your illness and produce evidence from a physician to support the diagnosis from a time immediately prior to your resignation/quiting employment.

Hope this helps.

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socrateaser, Lawyer
Satisfied Customers: 34106
Experience: Retired (mostly)
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