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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17222
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Hello, I am requesting a consultation as to next steps in

This answer was rated:

Hello,

I am requesting a consultation as to next steps in pursuing an unemployment claim.

I am currently out on a medical leave with my employer, and was hospitalized for major depression and anxiety. My doctor has deemed me unfit to return to my previous managerial position, but I am pursuing lower-level employment (previously an IT Project Manager, seeking new job as just a programmer).

I'm pretty sure my employer would not have an alternative position for me, based on the technologies they employ, however I should be able to find a job with another employer with time.

My TDI expires on July 1, so I would like to file an unemployment claim to hold me over until I find a new job in programming. I have not yet officially voluntarily quit my job, and wondering what next steps I should take. This seems to be a grey area between disability and unemployment.

I am fit (and eager) for employment, but just not in the same position due to this medical issue.

Thanks in advance for your advice.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

in regards XXXXX XXXXX benefits, you should first make every effort to return to work,

wallstreetfighter :

and advise your current employer that due to your medical issues, you cannot perform the duties of a manager,

wallstreetfighter :

however, be aware that under the ADA,

wallstreetfighter :

which is the Americans with Disabilities Act, an employer must provide reasonable accommodations for an employee, with a disability,

wallstreetfighter :

to perform their duties,

wallstreetfighter :

So you may want to ask for reasonable accommodations first to see if that may allow you to perform your manager level position,

wallstreetfighter :

If that is not possible, and the employer does not have any lower level positions,

wallstreetfighter :

the employer may agree to terminate you, so you can obtain benefits,

wallstreetfighter :

if you quit,

wallstreetfighter :

without any requests for accommodations, you will have a harder time obtaining unemployment benefits,

wallstreetfighter :

You would have to prove that you have medical evidence that states you cannot perform any duties at the employers office,

wallstreetfighter :

it is better to put the burden on the employer,

wallstreetfighter :

so you can advise the unemployment office, that you tried in every way to continue working for the employer, but they did not have any position for you

wallstreetfighter and 6 other Employment Law Specialists are ready to help you

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