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I am a 55 year old male employed as a picker/packer for the…

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I am a 55 year...
I am a 55 year old male employed as a picker/packer for the past 5 years. My job is extremely physical with mandated overtime. I am on pain medication, and have talked to my supervisors who although are sympathetic but cannot offer me another position. If I resigned or was terminated for time and attendance, will I be eligible for unemployment benefits until I can find suitable employment.
Submitted: 8 years ago.Category: Employment Law
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Answered in 7 hours by:
6/24/2010
Employment Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 63,630
Experience: Licensed attorney helping employers and employees.
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Hello and thank you for your question. if you resigned or were let go for cause, you would not qualify for benefits.
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Customer reply replied 8 years ago
My question is not being able to perform my previous job duties, due to my declining health, good cause for quiting my job? I have also accumulated points due to abscenses from work because I am physically exhausted, at times forced to work 12 to 14 hours per day. If I were to be terminated for excessive abscense will this prevent me from drawing unemployment. Evaluations over the past 5 years have all be above average in all areas except attendance?
Employment Lawyer: Infolawyer, Lawyer replied 8 years ago
You could seek fmla leave or disability leave rather than resigning.
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Customer reply replied 8 years ago
I am not disabled, and am able to work, just not at this particular job. Fmla would only provide me with a temporary fix. The warehouse where I work is over 100degrees at times, I am taking Rx pain medication for arthritis and have had to increase the amount of medication I am taking just to get through the day. I believe continuing with this job poses a serious threat to my health, which does not mean I am disabled, and am asking if this is good cause to resign?
Employment Lawyer: Infolawyer, Lawyer replied 8 years ago
You can complain to the labor department and resign/seek benefits on basis of unsafe working conditions but I would notify unemployment first and get their consent.
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