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John
John, Employment Lawyer
Category: Employment Law
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Experience:  Exclusively practice labor and employment law.
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I am unsure if I should appeal the decision for disqualification

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I am unsure if I should appeal the decision for disqualification of unemployment benefits. BotXXXXX XXXXXne I left voluntarily due to stress and documented blood pressure problems due to the work environment. Because I asked the HR representative in our company to help me find another job because I couldn't work for XXX anymore, the day I wrote that statement they considered it my resignation. I went immediately to my physician that day because I was scared for my health/life. The determination states "I left voluntarily without good cause attributable to my work" and the reason states "I quit because I was under stress due to her supervisors management style. There was no final incident and her physician did not recommend that she resign". Any thoughts? I don't believe they had any record of who my physician is.
Submitted: 10 months ago.
Category: Employment Law
Expert:  John replied 10 months ago.
Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today.

I do think it's worth a shot to appeal if you can precisely explain to the hearing officer what within the employment was particularly stressful and the stressor was extra ordinary from what is to be expected in the workplace in general. In cases of resignation like yours, the employee has the burden of proof to show that the resignation was for "good cause attributable to the employer" and courts generally interpret this to mean that no objective and rational person would be expected to tolerate the employer's treatment; some examples are sexual harassment, physical violence etc. So in your case you'd have to be able to prove that the manager was doing something to you so outrageous that an ordinary and reasonable person would essentially have no choice but to quit because the situation was so stressful. If your physician did recommend you resign that will help you, but it does not make or break the entire case, you'll still have to convince the hearing officer that something extraordinary was going on - e.g., sexual harassment, extreme bullying etc. If you think you can meet that burden. it would probably be worth it for you to apply. Although it sounds like you retained employment again fairly soon thereafter, so you're only going after a small amount of unemployment anyway. You have nothing to lose by appealing.


I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2826
Experience: Exclusively practice labor and employment law.
John and 7 other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.

Thank you.

Expert:  John replied 10 months ago.

You're welcome Robin. Please leave a positive rating before you exit this chat as it is the only way I get credit for my answers. If you have any questions in the future regarding this matter come back to this thread and I'll be happy to answer. Thanks and good luck with the matter.

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