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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Can i be fired from work for absences due to chronic pain,

Customer Question

Can i be fired from work for absences due to chronic pain, Fibromyalgia. If HR suggest i resign, will i receive unemployment benefits. i live in Ca
Submitted: 3 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 3 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you.

If your employer has 5 or more employees, they are obligated under the law to "reasonably accommodate" your need to miss work. However, if your absences cause your employer to suffer "undue hardship" (judged on a case by case basis, but essentially meaning substantial difficulty or expense) they can let you go. In general, it is a very poor idea to resign, as resigning will typically result in disqualification from unemployment benefits. You have no affirmative legal obligation to resign, so if your employer doesn't want to keep you as an employee THEY should be the one to end the relationship. Then, assuming you can demonstrate to the EDD that you are physically able to work, you should get approved for unemployment benefits.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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