Medical good cause for unemployment?

[kbforthree]

What are my chances of receiving medical good cause for unemployment?
San Francisco, CA

I've been at my job for almost a year. Six months in I took a three-month disability leave (prescribed by my psychiatrist) because of depression and anxiety related to my dad's passing (I'm 24) that was making it unable for me to do my job (I work in advertising) and enjoy life. I now feel much happier and relaxed outside of work, but being back in this office is unbearable. It's been a month now and the history of being in this office environment triggers my old symptoms. I really need a change of scenery and have started looking for a new job. I know I can work, but not here. I don't have much saved up so I'm afraid to quit without having another job lined up -- even though every day here is having a physically negative impact on my body (constipation, constriction, depression, etc). And it's difficult to find a job while I'm spending 50 hours a week being miserable at my current job.

 

[cbg]

While California is one of the few states that will consider quitting on the advice of your medical doctor to be good cause to collect benefits, even in California it is looked at on a case by case basis and there is no guarantee which way that particular rabbit is going to jump. No one here can give you anything other than, "Maybe".

 

[commentator]

When you quit your job, regardless of reason, it becomes considerably more difficult to receive unemployment benefits because having exercised your option to quit, the burden of proof is up to you to show you are out of work "through no fault of your own." When you are fired, it is more their responsibility to show that they had a valid work related reason to terminate you. They have to show it was not your choice.

But in the situation you describe, where you even have your doctor telling you that this stressful job is actually hurting your health, it still looks a lot like it was your choice to give up the job. Even in CA, which does have a slightly more liberal attitude about it, where they tend to be a little more "pro employee" than "pro employer" it will still be pretty unlikely for you to get approved.

The first thing you need to do, if you're determined to do it, is to make sure you have some really good answers when the unemployment system asks you, "What did you do to try to resolve the problem before you quit?" and "Had you exhausted every reasonable alternative before you quit?" Have you asked for your hours to be reduced? Have you asked anyone to intervene or gone over the head of the people who are giving you the most stress? Have you possibly applied for other jobs within the organization? Don't just say, "Aw, I knew it wouldn't help, so I didn't bother!" Or "I knew what a jerk the boss was, so I didn't waste my time trying to talk to him!" Even if you KNOW it won't do any good, it will greatly help your plans for applying for benefits, improve your chances of approval if it looks like this was your last choice and you'd done everything you could possibly do to work with the employer and change the situation at work.

I would like to remind you also that even in sunny generous California the amount of unemployment you'd qualify for if approved will be a lot less than what you'd make working. Looking for another job to go to while you still have this one is probably a very smart move. Don't try to explain to me that you don't have time, working all the hours that you are. You have some time you could use. And please remember that even if you are eventually approved, there will be at least a five or six week wait from the time you file until a decision is given and you start receiving any unemployment checks, and that's under the very best of circumstances, allowing that you are approved. Make sure you save up enough money to tide you over through this time if you decide to quit.