Can I collect either temporary disability or unemployment?

Question Details:

I work 2 full time jobs and am now going through a bitter separation from my daughters father. Besides the fact that he had me arrested, the amount of stress I am under is making me sick. My Psychologist filled out the FMLA paperwork for me to stop working my night job because of the stress and my job duties. But I still work my full-time day job. Can I claim unemployment or temporary disability if I'm still working? I cannot afford to be off of both jobs.

Asked 11/9/2009 under Employment and Labor | 778 View(s) | More Legal Topics

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Employment and Labor Law Answers

You cannot collect unemployment if you are still working at a job; or more technically, you can collect if you are earning a VERY low threshhold of money, and whatever you earn is offset against your UI. If you're still working at a full time job, it's almost impossible that you'll be under that threshold, but you can check with the labor dept. (go to their website) for the exact cut off.

Similarly, it is very unlikely you can earn temporary disability if you are still working at a full-time job. Temporary disability is intended for people who can not work at all, not for people who have cut back from a job-and-a-half or two jobs to one job. If you are still working at the day job, it's almost impossible that you could show you are disabled and unable to work.

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