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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116716
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My name is ***** *****. I am seriously contemplating

Customer Question

Hello, my name is ***** *****. I am seriously contemplating to quit my job (my spouse is overseas and we are waiting for her visa to be approved which may take several months. While waiting I thought to quit my job and apply for unemployment. I have an extensive past of aggravation, miscommunications, errors, retaliations when going to HR, you name it with my job. I am going to request the unemployment on the grounds of mental distress and the job bringing me to the place of alcohol abuse and insomnia. I am just curious how I can make a strong case with these components. I have searched forums, blogs, etc etc and of course they all say different things.
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Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you voluntarily quit your job claiming mental stress from work, you have a very tough case and the employer will fight to deny you benefits. Unless you can prove that the reason for the conduct towards you is based only on your age/race/sex/disability/national origin, job aggravation you describe is not sufficient to justify a voluntary termination of your employment. If you seek medical documentation prior to you quitting and undergo treatment for some time, usually a month or two and the doctor says that the only way for you to improve is to leave your job, that would help your claim and make it stronger as you asked.
Without some medical documentation saying you have to leave because of the job related stress, which you also have to prove is caused through no action of your own at work or is based only on your age/race/sex/disability/national origin, your case is going to be very weak and likely not to succeed.