Can I get unemployment if I quit my job for medical reasons?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I get unemployment if I quit my job for medical reasons?

I had to get a pacemaker and can’t perform the essential duties of my position. My employer said they cannot fire me due to my conditions, so can I draft unemployment until I can determine if I am disabled.

Asked on August 24, 2010 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should consult with an employment attorney. Technically, if someone leaves employment voluntarily--even for good or understandable reasons--they are not eligible for unemployment insurance. However, if someone leaves because of constructive termination--e.g. they are transfered to a new location which is so far away they cannot do the job any more--they often are eligible for unemployment. This situation may be one where you medical condition--your inability to work safely--would indeed constitute a "nonvoluntary" leaving and allow you to collect unemployment. However, given the stakes involved, it would be a good idea to consult with an employment attorney who can evaluate the specifics of your situation in detail and render a meaningful opinion. Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption