How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
12711280
Type Your Employment Law Question Here...
Delta-Lawyer is online now
A new question is answered every 9 seconds

Thanks the time to answer my questions. I have a question

Customer Question

Hi there, thanks for taking the time to answer my questions. I have a question about benefits if you quit your job due to mental health reasons such as depression. I've been on FMLA for several months at my job but my depression is not getting better and I am not performing my job well because of it. I think I may need to quit in order to join a program of some sort to get better. Will I be eligible for unemployment benefits? I have plenty of documentation proving all this and of course I needed a Doctor to sign off on my FMLA as well. Please let me know, thanks!!
Submitted: 5 months ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 5 months ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of practice experience. It is a pleasure to assist you today.

You may be able to get unemployment coverage when you quit for health reasons so long as you can establish good cause. As you know, in most circumstances, when you quit a job, you are not eligible for unemployment. Under the present circumstances, based on what you have shared with me, I think you have a good to very good shot at establishing "good cause" and receiving coverage.

These are factors in "good cause", traditionally speaking:

1) You left work primarily because of the illness, disability, or death.

(2) Your illness or disability, or the illness, disability, or death of your immediate family member made it necessary for you to quit.

(3) Before quitting, you exhausted all reasonable alternatives to quitting, including telling your employer about your condition (or the condition of your immediate family member) and any special modifications that you might need to continue working. If you need special modifications, you may need to provide a doctor’s note that outlines the necessary modifications.

You have taken these measures and are in good position to receive unemployment, based on what you have shared with me.

Expert:  Delta-Lawyer replied 5 months ago.

You took FMLA and tried to get better. You have given it your all. You have a documented illness. You exhausted all reasonable alternatives.

I think you should be fine here to get unemployment.

Let me know if you have any other questions or concerns. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit for my response.

Thank you and best wishes!

Expert:  Delta-Lawyer replied 5 months ago.

Do you have any other questions or concerns? Thanks

Expert:  Delta-Lawyer replied 5 months ago.

Just checking to see if you have any other questions or comments. I want to make sure you are as comfortable as possible moving forward. Thank you.

Customer: replied 5 months ago.
Thank you I appreciate your reply it was a big help.
Expert:  Delta-Lawyer replied 5 months ago.

No problem. If you don't mind, please rate my answer positively on the ratings bar on your end (Three or more stars). That is the only way I receive recognition from the site for my answers.

Thank you!

Related Employment Law Questions