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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 38752
Experience:  I provide employment and discrimination law advice in my own practice.
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leaving my job 6/17,want to make sure can get unemployment

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leaving my job 6/17,want to make sure can get unemployment for "good cause,"read literature on reasons why,need advice as to which reason will most get results,all reasons are true.Have Fibromyalgia and this job has exacerbated that condition,am Soc wkr working for grant funded program w welfare clients in urban area.What I consider most pressing reason is liability for me in trying to place these clts into treatment,dearth of treatment providers,big caseload, lack of response by welfare and clts to follow through.We also have DYFS clts so the liability is increased.Don't know if that comes under "unsafe working conditions," don't know what that would come under for "good cause."Also have worked in building alone or w/ one other woman counselor,no security provided as they do in welfare bldg. Under "change of job description" we have been told that instead of 2 assessment/day we would have to do 3 and when we objected were told they could change job description at will. Last piece, hope not too confusing,I have been requesting transfer out of Union county,NJ to Passaic and they said were going to do it but it hadn't happened and w/ that job automatically comes an increase to 3 assessments/day.I say all of this because I know I have one shot at unemployment and if I use the wrong "good cause" reason it won't happen. I intend to return to work but have no new placement as of yet, had to leave here when the one treatment provider I was mainly using now has allegations of inappropriate behavior w/ female clients. Between that and a great deal of stress (which I know is not reason for good cause) I had to put in my resignation.Any help,greatly appreciated.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns, I am a licensed New Jersey professional.

"Good cause" generally refers to a pervasive environment at work that creates an unsafe working environment or a hostile workplace. To ensure I do not miss anything I will go line by line and point out what would work and what you likely not work. Generally it is tough to get coverage where a condition is exacerbated by the employer unless there is direct medical evidence to that fact and the employer failed to provide reasonable accommodations. This would not come under 'unsafe working conditions' or good cause if you have no medical diagnosis backing up your claim or if you did not obtain any modifications to your accommodations once you informed the employer of your special needs. Based on your facts it appears that you are objecting to an increase in work demands as a primary reason which is not really good enough to obtain unemployment--an employer, even a public sector employer, can change descriptions and add (or take away) responsibilities based on need of the department. To get this approved you MUST get some sort of a medical diagnosis in place so you can post that as the reason you are quiting.

Good luck.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 38752
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 5 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

2 points:I do have diagnosis of Fibro,did go to doctor, was out for 2mths leave on disability,work environment supposed to make accomodations but that didn't work(get up from chair every hr to walk for 5 min). other "cause" is liability to my professional licenses having to place clients in treatment that mostly doesn't exist,clts w/ mental health/substance abuse---sometimes child protection services involved,liability w/ too large a caseload that something can go wrong and come back on to me.Just want to know if there is a possible direction I can go in for brief time on unemployment due to cause or any other reason---from your answer it seems that if I had created a better case for medical reasons I may have had a chance, the stress w/ this job is tremendous and being 61yo w med condition has made it very tough---my disability for 2 mths, was last yr w/ this company.Any way I can do this?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Lorayne. Please allow me to respond to your points below.

Lorayne, your 'liability' based on employment is a non-issue in terms of termination under which you can demand benefits. If you feel your liability is too high it is then a voluntary choice to terminate, but something over which the employer does not have to grant you benefits. I can understand your concerns but quitting over that does not allow you to claim that was termination that was without cause or based on some sort of a hostile work environment. You did read my answer correctly, what is relevant here is the medical reason and/or the inability for the employer to accommodate. Then you could potentially argue that you are entitled to unemployment. But beyond that I do not see it as a legitimate basis for such a request from the sate. If you quit, even for a short time, unemployment is not an option since the termination would be deemed to be voluntary.

Hope that clarifies.

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Dimitry K., Esq.
Dimitry K., Esq.
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I provide employment and discrimination law advice in my own practice.