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Joseph
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I have been working as an RN at a hospital in San Jose, California

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I have been working as an RN at a hospital in San Jose, California since 1996. In the last year I have had major thyroid problems which have also affected my parathyroid. It wasnt until this month when I had an ultrasound and needle biopsy, that a 5 cm tumor was found. This tumor has adversely affected me in every way..lack of mental clarity, trouble focusing, hormonal fluctuations, emotional instability, forgetfulness, and extreme physical fatigue. (My surgeon can attest to this)

Due to all these symptoms I have made two errors at work within a short period of time. None of the errors hurt a patient, but were considered small medication errors. I went on Leave of Absence for a couple of weeks to see if I could get surgery to remove the tumor. The doctor increased my thyroid medication and it helped for a few days, but this week I had a major flare up and asked to go back on LOA because the surgeon wants me to have surgery asap, as the tumor is wreaking havoc on my entire system.

Instead, today I received a call from the Human Resource Director who asked me to resign today in lieu of being terminated at a mandatory meeting next Tuesday. (due to the mistakes I made at work which were a result of my current illness)

I do not want to be terminated so as to not affect my future job search. Once I have the surgery, I will be able to work again. My concern is that I need to collect unemployment. Currently I am on part time disability from work but that will run out soon. Do you think I will be denied unemployment benefits? Also, how long can I continue receiving disability insurance?

Also, I commute 3.5 hours each way to my job. I stay there for three or four days and return. Commuting is very difficult on my family. What should I include in a resignation letter to have a better chance at getting unemployment?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

No, you should not be denied unemployment benefits. If you resign in lieu of termination, EDD considers you to have been terminated through no fault of your own, so you would be eligible for unemployment benefits, as long as you are ready and available to work.

Unfortunatley, it is virtually impossible to receive disability benefits at the same time that you receive unemployment benefits, since in order to receive unemployment benefits you need to be ready and available to work--while to receive disability benefits, you need to be unable to work due to your disability.

If your disability benefits are connected to your employment (not SDI) it's likely that they would be canceled near the time fo your termination.

If you are receiving SDI benefits, you will be able to continue to receive them while you are unable to work due to your disability--but, you are not able to receive SDI benefits at the same time as unemployment benefits.

Since you are being requested to resign in lieu of termination, you don't need to put anything special in the resignation letter, but you may want to write something about you being requested to resign by your employer.
Joseph, Lawyer
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