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MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6121
Experience:  Experienced attorney representing companies and individuals in employment law matters and litigation
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I recently quit my job due to health reasons (stress) directly

Resolved Question:

I recently quit my job due to health reasons (stress) directly related to my job. I was under a doctor's care at the time, and the Friday before I quit on Tues was sent to the Hospital from work and kept overnight and later on had a second heart cath. Can I collect unemployment based on these facts even though I quit work.I had worked there 30 years with no retirement and was offered no FMLA, and have no retirement.
Submitted: 6 years ago.
Category: Employment Law
Expert:  MDLaw replied 6 years ago.
In what way did your job cause you stress?

When you say that you were not "offered" FMLA, did you request time off at any point and did you tell them that you were sick?
Customer: replied 6 years ago.
I had been having problems with my nerves and blood pressure for a few weeks and one of the bosses knew this.It is a family owned small company owned by brother and sister who don't commnunicate with each other and that makes matters worse. The company is in financial trouble because of the economy and every job that came in she wanted out in a hurry so she could bill it. It is a printing co. The other girl and I sit across a table from each other as we work and she told us we couldn't talk while we worked. I felt like I was in first grade. I am 53 years old! I worked all week without a break or lunch and she told me she felt like she had given 250 percen and worked her _ss off and we hadn't done any production. I just walked off in tears. She made me so nervious I would just sit at the table and cry. My blood pressure would go up. The Friday morning I went to the hospital I got up not feeling well but I had been out of work so much already (I had also had the flu) I went on to work and had to have one of the girls in the office drive me to the ER, my blood pressure was 196/105. They kept me over night and ran tests and told me to go home take it easy and I was to have a heart cath in 3 weeks. I called Kay and told her I would try to work as much as I could before I had the cath done and her response was "you need to work". That's when I made my mind up I wasn't going back. She also told me when I had the flu I needed to Get my priorities straight. I know my health comes first. So here I am.
Expert:  MDLaw replied 6 years ago.
How many employees do they have?
Customer: replied 6 years ago.
About 25
Expert:  MDLaw replied 6 years ago.
Oh sorry, I see that you failed to answer my second question. I need to know the answer to that in order to give you an accurate answer. (The question about whether you requested time off before quitting)
Customer: replied 6 years ago.
No I didn't ask for any time off because I had been off so much already with having the flu and by blood pressure I was also taking time off without pay when we weren't busy to help them out so they wouldn't have to pay me to sit on the clock. She didn't offer any time off and after the comment 'you need to work' I didn't ask for any. We don't have FMLA to my one has ever used any and I forgot to mention we are a Union shop. We belong to the CWA but they pay our dues so we don't really see any benefit from it. It's just to get the union bug.
Expert:  MDLaw replied 6 years ago.
Because your employer has less than 50 employees, you would not have been eligible for FMLA. Therefore, since you quit voluntarily and were not fired, you will most likely be denied unemployment benefits since your reason for quitting is that your health prevented you from working. Since two requirements for receiving UI benefits are that you did not quit and that you are able to work, you will most likely be denied. However, UI benefit decisions are done on a case by case basis and if you are denied UI benefits, you are legally given the right to appeal that decisions.

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