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JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
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Experience:  Government and private sector employment law experience
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Can I collect unemployment if after putting in 2 week notice

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Can I collect unemployment if after putting in 2 week notice employer says to go on a personal leave then changes their mind?
Hello,

I am a professional here to assist you. I appreciate your use of this service.

What state are you in?

You received approval for leave, then you were denied? You decided to quit and seek unemployment?

Please provide more details.

Thank you
Customer: replied 3 years ago.

Ohio No i wish. i had alreadyu put in 2 week notice. then the employer said instead of quitting why don't you go on a personal leave. when i asked to take my last weeks vacations then return or take leave he said we will except your resignation. and he should of never said that.

June,

The matter will turn on whether you quit voluntarily. If you took personal leave and then quit, you would not qualify. If you simply quit, you would not qualify. To qualify, an employee must have been terminated without for reasons other than misconduct or must have quit for "good cause." "Good cause" includes when an employee leaves employment due to substantial changes in terms of employment such as hours, location or pay.

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Thank you
JBaxLaw and 5 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

In Ohio isn't their just cause says that no other reasonable person would do the same job and reduction of hours

Good cause can be found to be present in an unemployment appeal when the applicant's pay or hours were substantially reduced. You are correct that the standard applied is whether a reasonable person desiring to retain employment would feel compelled to quit. If good cause is met, the applicant can receive benefits.

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Customer: replied 3 years ago.

Hi again, If the employer could not keep help in the produce dept..Most people will not do that kind of physical labor while only making minimum wage.Is that just cause? Thanks June

Other employees leaving will have no bearing typically. There must be a change in the applicants employment requirements. If the employee has always worked for minimum wage doing similar work, they would not have good cause to quit unless a material aspect of the employment was altered.

Please follow-up with me as needed. I hope you will take a moment to leave a positive rating for my efforts here. Please do not hesitate to follow-up with me if you cannot leave a positive service rating. Your satisfaction is my goal. I rely on these service ratings. I appreciate it.

Thank you
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Customer: replied 3 years ago.

I quit because I am completely wiped out do to the demands put upon me. How can I legally prove I quit with just cause if knowone would stay on the job to help me. I have tendinitius in both elbows and artritius in spine. The lifting is to much for a 52 120. lb woman.Unloading pallets of produce by myself.

Did your condition amount to a disability? Did you request an accommodation due to the disability? Was it denied?

Thank you
Customer: replied 3 years ago.

No ,Is Chronic fatigue a viable medical reson for quitting a job?

If a condition is diagnosed and you can provide evidence such as medical records along with testimony or other evidence showing how the condition forced you to quit, then eligibility may be possible. The problem one faces is that to be eligible, you must be able to work. That means the condition cannot be such that it prevents a worker from being employed broadly. The condition could in theory prevent someone from performing mandatory job requirements such as lifting not required in other professions.

Please follow-up with me as needed. I hope you will take a moment to leave a positive rating for my efforts here. Please do not hesitate to follow-up with me if you cannot leave a positive service rating. Your satisfaction is my goal. I rely on these service ratings. I appreciate it.

Thank you
JBaxLaw and 5 other Employment Law Specialists are ready to help you
Thank you so much for allowing me to assist you.

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