CanI get unemployment ifI quit my job due to medical illness?

UPDATED: Sep 20, 2010

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CanI get unemployment ifI quit my job due to medical illness?

I had 3 blackout spells and breathing problems that put me off work for a month. i was in the hospital for a week. The neurologist told me not to drive for 6 months. I live 40 miles from work. also the neurologist told me if I feel like I can’t do my job properly do not go to work. I suffer from daily headaches and back pain, which I feel I could not do my job. The doctors messed up my FMLA paperwork and I am not covered for a good amount of the days I missed. They are unexcused on my attendance. I feel I am getting messed around and I cannot keep going with no income.

Asked on September 20, 2010 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You should consult with an employment lawyer. Usually, if you leave a job voluntarily, even for a very good reason, you can't get unemployment; typically, the only exceptions are for when the job has changed in some way making your continued employment impossible. An attorney can review your specific situation in detail and verify if this is indeed the case--that you are ineligible for  unemployment.

(Note: even if you were eligible for it, it's not a permanent income replacement.)

However, there are other  options you should discuss with a lawyer. For example, are you eligible for disability? Might you be eligible for SSSI? If your condition is traceable in whole or in part to your job, could you possibly claim for worker's compensation or sue your company? Unemployment is only one of several options potentially available  to you. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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