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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15681
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

Customer Question

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.
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

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, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15681
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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