Can I get unemployment if I quit my job for medical reasons?
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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 13 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.
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