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What reason for unemployment would this be? Do I qualify?

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New member

I recently requested time off for medical leave, even though I didn't have FMLA. The medical leave was due to a psych crisis because of unrealistic expectations from my supervisor and being made to work during the time I was on sick leave, which I had an excusal letter for. All of this plus more made my mental disorders worse, which lead me to have a crisis that was detrimental to my mental health. (This has never happened at any job I've had before)

The employer granted my leave due to illness and mental state, and he stated that he relieved me from my duties, but said that since I don't qualify for FMLA, I had no job security. He also stated that once I got better, I would need to re-apply for a job that I qualified for. I was taken back because I didn't expect to be let go of since I only asked for a short time frame of a month and a half, I had some vacation leave I could use, and didn't voluntarily quit. At least from my perspective. On top of that, my insurance was taken away which leads me to believe I was terminated but the employer says that's not it but won't precisely say what happened.

Since February, I've been on constant stress which has made my mental health worse. I was also told that I would no longer have a fulltime job if I didn't do the tasks they asked immediately which was impossible. The employer also stated in the letter that I no longer work for the company.

Would this mean he terminated my job and would I qualify for unemployment? or would this mean I at will quit (even though I never stated I was quitting) but have a compelling reason due to leaving an environment that was detrimental to my mental health?

Thanks in advance!


I'm a Northern Girl
Commentator is the expert on UI but in my view, there is no downside to applying. There is no penalty for being wrong and it doesn't cost anything. The worst that can happen is that they say no, in which case you are no worse off than if you never applied in the first place.

Now, I'm going off on a tangent with this. Why did you not qualify for FMLA? Had you not worked for the employer long enough, was he not big enough to qualify, or had you not worked enough hours?


Senior Member
As suggested by Zigner, Stephanie might also want to speak to a worker’s compensation lawyer.


Senior Member
In normal times, you wouldn't have much of a remote possibility for qualifying for unemployment. It sounds like you voluntarily quit your job, whether or not you left due to a medical necessity, and are questionable as to whether or not you're able to work right now. These are very unusual times and it is never a bad idea to file a claim, provided you can get into your state's system and actually get a claim filed. Expect to wait IF you qualify for U.I. monetarily a really really long time for any relief, if it is determined you qualify. Monetary eligibilty will be based on the first four of the last five quarters, about the last 18 months of covered work. Each time a quarter passes, an earlier quarter drops off the calculation.
I am having some difficulty figuring out when exactly you left this last job, and whether or not you are fully released by your medical professionals and able and available for other work at the present time, which, as I said in normal times would be absolutely necessary for you to ever receive unemployment insurance.

And in normal times, worker's compensation and unemployment insurance are almost totally mutually exclusive of each other. If you are healthy enough to work, you would not be able to receive worker's compensation, and if you have work restrictions, that would ordinarily disqualify you for unemployment. With the description you are giving of your condition, it does sound to me like worker's compensation might be an avenue for you.

One thing I do know, if you apply right now for unemployment insurance, it will be one heck of a long time before you are able to get a decision on that claim (if you are able to file it at present, many people aren't getting into the system at all right now in every state) Ordinarily you could expect a delay of six to eight weeks before a decision. Right now, I'd say two months wait would be about what I'd expect. And the answer very well might be No. It all depends on whether or not the state agency is at present doing the "approve all" mode, or whether they spend any time looking at the claim.

THis is not your best avenue for relief. In ordinary days, you'd have to be out of work through no fault of your own, able, available and actively seeking other equivalent work, and this sounds very murky in your situation, at best. Finding an employer who doesn't cause you anxiety is going to be really tough in these times, when I have a feeling that jobs you can get in general are going to be much less desirable for a while.

In these times, with the system beyond overwhelmed, I do not think unemployment is a very reliable or quick possibility. But go on and apply, you can't really say it's not worth a shot, with everything upended as it is.
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Senior Member
Oklahoma like many Southern states has pretty restrictive WC laws when it comes to mental issues. So while it won't hurt to talk to a lawyer I wouldn't hold out much hope.

They are limited to the following causes.
A mental injury that comes from a physical injury.
Mental injury caused by a traumatic workplace incident.
Direct mental injury.

I recently requested time off for medical leave, even though I didn't have FMLA. The medical leave was due to a psych crisis because of unrealistic expectations from my supervisor and being made to work during the time I was on sick leave, which I had an excusal letter for.
This raises the question of which came first the chicken or the egg. Where you out on medical leave and the mental stress happened because you were worried that you wouldn't have a job when you came back?

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