If i have a high risk pregnancy and have to leave my job before I’m approved for disability, can I claim unemployment after disability runs out?

My wife had a high risk pregnancy and her doctor wanted her to stop working. She applied for disability but ended up resigning from her job before she was approved because she was unable to go into work. She then received disability for a couple months and after the pregnancy sought out to get her old job back, they would not give it to her because she resigned. She applied for unemployment and was denied reason being she resigned and pregnancy is not qualifying reason. She appealed and was denied again. She has doctor notes and work emails stating her condition. can she get unemployment?

Asked on July 19, 2012 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, as has been indicated to you, resignation makes one ineligible for unemployment. Also, leaving for medical reasons does not allow one to get unemployment. Unemployment is for workers who are laid off or fired by their employer, provided such termination was not for cause.

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