Can my husband get unemployment if he quits forreason ofhealth?
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Can my husband get unemployment if he quits forreason ofhealth?
My husband works at a mechanics well he passed out and went to the hospital, they told him it was chemical inhalation. His boss refuses to fire him so until he can find another job he has to work there. But his health is all I’m worried about right now, do we have a case for unemployment if he quits? His boss refuses to accept that it was chemical inhalation he believes it was stress, and the problem is that we can’t prove the chemical inhalation cause the chemicals get flushed with in the first 48 hours, he went back today after a week off and is not feeling well.
Asked on September 7, 2011 under Employment Labor Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The State of New Jersey does not stop someone who has quit a job from filing for unemployment insurance. But be aware that it is a much harder claim to prove for the employee and the employer may in fact fight the claim. The rule in New Jersey comes from a case that says that the burden of proof is on the employee who quits to show good cause. The ruling also says New Jersey law clearly intends to exclude claimants who leave a job for personal reasons and provide benefits only for involuntary job loss. Now, from what you have written it appears that his boss thinks this is "stress related" and that could fall under "personal reasons." Why, may I ask, is there no proof from the hospital? Tests should have been run on admission so the presence of the chemicals should have shown in his blood stream or urine. Have you called OSHA and reported the situation? You need to. This is dangerous. Your husband is protected against retaliation under whistle blower laws. Get legal help please. It seems to me he is being forced to leave because of a dangerous condition. Good luck.
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