Can I get unemployment benefits if I had to resign due to medical reasons?

UPDATED: Aug 20, 2011

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Can I get unemployment benefits if I had to resign due to medical reasons?

I work at a hospital and recently was diagnosed with obstructive sleep apnea and narcolepsy. My doctor filled out a disability accommodation letter through my job that I was not to work the midnight shift. I work a rotating shift. The only accommodation that was offered to me was a full-time midnight shift which is exactly what my doctor said I couldn’t work. I asked many times if there was any other position within that department or hospital that I could work or even a contingent position but was told no. I felt I had to give notice. Can I get unemployment if I had no other choice?

Asked on August 20, 2011 Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Typically, in order to receive unemployment benefits you have to be unemployed through no fault of your own. This means that if you quit your job you are considered to be voluntarily unemployed (i.e. it is your own fault that you are unemployed). Consequently you are ineligible to receive unemployment benefits. However, exceptions to this rule exists. There are cases in which you may be found eligible for unemployment even if you quit your job. As a genral rule, you might be eligible if you quit for a mediclal condition or disabilty.
Note:  Since these situations are not the norm, you may have to have a special hearing on your claim or you may have to appeal an initial denial.
For further information you need to contact the MI Unemployment Insurance Agency.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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