Disability or EDD?

[Hoffmane21]

What is the name of your state (only U.S. law)? California
I have been working for 3 months at a company where the owner has constantly bullied everybody that works there. He treats people really badly and has lost a number of quality employees from it. I have very very bad anxiety and acute stress reaction from which I have been diagnosed a couple years ago.
Recently, my mom has been diagnosed with cancer, a friend shot himself in the head and commit suicide, and another had a heart attack and died, all in two weeks. Even with that, I have still been keeping up with work, am 2 days ahead of my work, and have completed extra projects the owner has givin me. Not once have I gotten behind whatsoever.
Today I recieved an email from him, I will copy and paste a few lines:
We absolutely need to get this list completed and emailed out to the lawyer. Although I certainly emphasize with your recent personal issues I have a business to run and other people’s livelihood depend on the timely completion of your job. (I completed this already and we even spoke on friday regarding this. The lawyer has all the info and even responded with an email copying him that says he recieved it.)
Second, you do not want me to be forced to choose who goes if I cannot keep you and other staff from wasting time. Your position has always been part time which you have stretched to full time. I’d be OK with full time if you were getting my tasks done. You are not so one of us needs to make a change. (Again, I have all of my work completed, as well as these extra projects. There are NO TASKS I have not gotten done, and I even spoke to the manager, and she agrees I am caught up, and ahead. I even came in saturday to make sure everything was done.)
Third, you take time off for your personal reasons when it suits you while your business tasks stall and languish incomplete; how about finding time to make up the time you’ve lost and getting caught up so we can move on? (I had to leave work in an ambulance! Again, I came in and made up time on an unscheduled day AND did extra stuff I wasn't even told to do.)

This has sent me into a major anxiety attack and I am not doing well at all. There was NO reason for this email, and there is a lot more on there that was rude and hurtful and just plain not true which I will not include right now. Point is, I have all of my work done, his tasks done, and he is yelling at me for nothing.

I am ready to go talk to my doctor because I cannt handle this type of stress and I am crying at work and trying not to throw up. I am being bullied and I haven't done anything that he says I have done wrong.
I was also recently in the hospital (which I stated earlier) and found out I had spasmodic torticollis and that can come on due to high stress, and I am in pain from it. It includes neck spasms and face tremors. I feel the tight muscle in my neck and don't want to land in the hospital again.

With doctors suggestion, can I leave work and go on disability or UI until I can get myself healthy? I have a family to feed, and I am doing my best, and for this person it is not good enough.

 

[tranquility]

If the doctor feels you are disabled, you can go on disability, but not unemployment. If you quit without being disabled, you MAY be able to get unemployment payments. Others with more unemployment experience may guide as to what they think the possibility of success is.

 

[swalsh411]

If you quit your job because you have a mean boss you almost certainly will not qualify for unemployment. That's not considered good cause to leave a job. You are free to seek other employment.

 

[tranquility]

It's not just a mean boss, but working conditions are causing the OP stress which is manifesting in a physical way.

 

[Willlyjo]

It's not just a mean boss, but working conditions are causing the OP stress which is manifesting in a physical way.

I agree! OP: You have the option to seek out an attorney who handles Workers Compensation issues as a result of what appears to be work-related stress! There are many attorneys in Ca. that will get you to a Psyche who will take you off work and get you treatment!

Even if your employer denies your Worker's Compensation claim, EDD would still pay you disability per doctor's documentation of such disability.

Good luck to you and keep us posted on your progress in addressing your situation.

 

[Beth3]

With doctors suggestion, can I leave work and go on disability or UI until I can get myself healthy?

It is highly unlikely that you would be eligible for unemployment benefits if you quit your job because the boss is a jerk. When you're not happy with your place of employment and/or the boss, your option is to find a new job elsewhere. (I don't mean to sound unsympathetic; I've had a boss like that. I'm just relaying to you that you won't qualify for UI if you quit or request leave time from work for this reason.)

As to whether you qualify for a disability benefit your employer or the State offers, nobody can answer that. You'll need to discuss your health situation with your doctor and if he feels you are medically unable to work, you'll need to have the necessary disability claim forms completed and then submit them to your employer.

 

[cbg]

However, to reiterate: Disability benefits and unemployment are mutually exclusive. With EXCEEDINGLY rare exceptions, if you qualify for the one you do not qualify for the other; in fact, qualifying for one automatically disqualifies you for the other.

Depending on circumstances, you may or may not qualify for UI. Depending on circumstances, you may or may not qualify for disability benefits. I cannot come up with a scenario in which you would qualify for both.

 

[commentator]

When you file for unemployment benefits, there are about three different categories of eligibility you must meet.

First of all, you must have the monetary eligibility, eg. wages from covered employment in the majority of the previous five quarters.

Then you must be determined to be out of work through no fault of your own. If you quit your job, which of course is by your choice, you must demonstrate that you had a really good work related reason to leave the job. Examples of this would be when you were not being paid appropriately or were being asked to work under unsafe conditions or do something illegal.

The circumstances you describe, a mean and unsupportive boss who says you aren't doing enough work and gives you stress isn't even close to being enough of a valid work related reason to quit your job and be approved for unemployment.

The third criteria is that each week you have to be able, available and actively seeking other equivalent employment. If you are not able to go to work at another job immediately, if you are under a doctor's care for any type of disability, are unable to go right to work at another job, you are NOT going to qualify for unemployment insurance.

Unemployment insurance is absolutely not meant to be for people who have any kind of a health issue which keeps them from being able to work.