I quit, but need some advice.

[mentalkase]

What is the name of your state (only U.S. law)?
California

Hi, I was having a nervous breakdown and I went into a mental hospital on a 5150, when I got out I was on disability, I went back to work and couldn't handle it, I wasn't ready to go back, so I was back like a week and quit. I don't think I was ready to come off of disability but I did so because I had people at work calling me etc asking me how to do stuff and I was really worried the work wasn't getting done. When I left I told them I wanted to go to school but I just needed an excuse to quit work because I really felt overwhelmed but didn't want to admit it.

anyway, my question is, is there any way I can contest me coming back to work/quitting due to mental disability? Like I didn't understand the repercussions of my decisions, I was just so overwhelmed I just wanted out.. After I quit work I ended back up in the hospital again, and the county mental health office picked up my mental insurance, but really, i need my work insurance and disability back, I was paying into it for 3 years and now when I need it I got scared and quit work..

can I sue and get my benefits back? what's the timeline ?

 

[Zigner]

You should be eligible for COBRA. However, beyond that...YOU QUIT. You had other options before that act, but you chose not to explore them.

 

[mentalkase]

so even if I wasn't in the right state of mind it doesn't matter? Like if somebody were to commit a crime but they weren't in a correct state of mind they would get away with it but if I quit my job because I was overwhelmed and not in a correct state of mind I have no rights?

 

[cbg]

Someone who commits a crime while not in their right mind will not "get away with it" - if they are found incompetent to stand trial they will almost certainly spend time, whether voluntary or involuntary, in a hospital of some sort.

"Not being in a correct state of mind" does not give you any special rights. You quit. Your employer is not under ANY legal obligation to allow you to rescind it.

 

[mentalkase]

sorry I just thought there would be some protections for people with mental disabilities. I guess that would be asking for too much.

 

[RRevak]

sorry I just thought there would be some protections for people with mental disabilities. I guess that would be asking for too much.

There are protections for people with mental disabilities, NOT for people who are "overwhelmed" and simply QUIT work voluntarily. You had options to explore prior to your leaving work, you cannot change your mind after the fact.

 

[cbg]

On the contrary, the law is very specific that people with any kind of disability, be it physical, mental or emotional, need to be treated exactly the same as someone with no disability. To do otherwise would be discriminatory. You don't get special rights or privileges by claiming a disabilty.

 

[RRevak]

On the contrary, the law is very specific that people with any kind of disability, be it physical, mental or emotional, need to be treated exactly the same as someone with no disability. To do otherwise would be discriminatory. You don't get special rights or privileges by claiming a disabilty.

Sorry CB, what I meant to say (sorry should have specified ) was that there are protections in that those with mental disabilities in that they cannot be treated differently simply on the basis of having a mental disability. They must be treated fairly and just the same as those who do not. The direction I was going in was that OP cannot expect special treatment simply because OP feels they are mentally disabled. Sorry OP, you get to be treated just like everyone else.

 

[mentalkase]

I'm not claiming a disability, I have a disability. I am bipolar and have schizoaffective disorder, I was out of work for these disabilities, I was in the hospitals twice for it. I was on medication and going to outpatient treatment prior to going back to work, I got back to work and I wasn't ready, my disabilities were preventing me from handling the work. I am a very proud person so I didn't want to admit that I guess and I didn't know how to handle it so I quit. But again, it was because of my documented disabilities.

 

[cbg]

Which still does not give you special rights under the law. The law is STILL not going to force your employer to give you your job back just because you've decided that you've changed your mind about what you wanted.

 

[cbg]

It's okay, RRevak, my response was actually directed at the poster, not at you; you and I were posting at the same time.

 

[mentalkase]

i think i should be able to get back onto my disability plan that I paid into for 3 years, I don't see why not.. I think I should just contact an atty because really I don't think you really know what you're talking about.. it just doesn't sound right. sorry.

I am only out of work as a direct result of my disability.

anyway, thanks for the help.

 

[ecmst12]

You can't because you were medically released to go back to work, you went back to work then quit. You didn't go back to the doctor to see about going back on disability because you were overwhelmed, you just quit. The claim is over, the job is over, and the benefit is over.

 

[cbg]

You go right ahead and talk to as many attorneys as you like. It isn't going to change the law. Just because you think that you get special rights for a disability doesn't mean that you do. But if you'd rather hear it from an attorney than from us, by all means. It's your money.

 

[eerelations]

If you quit because you were too crazy to explore your other options, then call your former employer and say so. Make sure you have a doctor's report in hand that backs you up. (And the doctor's report shouldn't just say you're crazy, it should be very speciic in saying that your craziness caused you to quit your job and that you would not have done so had you not been crazy.) You may or may not get your job - and disability leave - back (and this may or may not be legal), but at least it's something to try.