Q: If I quit my job due to an increasing mental health problem caused by it directly can I apply for unemployment in CA?
I got attacked by a customer physically mid-June and the symptoms of a trauma-stress disorder hit me mid-July very hard. (I already previously had chronic Generalized Anxiety and Severe Depression so I think those compounded with this newfound ptsd and I'm a wreck) I am currently in such bad shape I dread going into work and dealing with customers because it's constantly on my mind that if they get angry I might get hurt again, I have gotten multiple panic attacks. I let my boss know in August. Her reaction was demeaning, saying she doesn't know what to do with me and that it's the job. The workplace is toxic and she keeps putting me in the position that I have told her I mentally cannot handle (it almost feels on purpose because I do the HR duties as well and I told her those are fine as it has nothing to do with clients, but she TOOK AWAY those duties from me) and I am getting increasingly physically ill. She is continuously singling me out and rubbing my own ptsd issues in my face.
A: You should go to the EDD's website. They list the requirements to apply. One of the requirements is that you are unemployed through no fault of your own. Quitting your job would obviously be due to your personal decisions. You may want to consult a medical professional to see whether you qualify for a leave of absence from your employment.
i would suggest you contact a local workers comp lawyer to get their professional opinion.
most of us on this site do not do workers comp...thus it is over our pay grade.
An employer has to reasonably accommodate known restrictions of an employee in a manner, if possible, to allow that employee to continue to perform the essential functions of their job. If the disabling condition causes the employee to be unable to perform the essential functions of the job, the employer must try to find another open position within the company that the employee is qualified to perform, that is not a promotion, and that the employee can perform with or without accommodation. If no such accommodation exists, the employer can simply place the employee on unpaid leave until the condition improves, or, if there is no predictable end in sight, the employer can terminate the employee.
If you are terminated for not doing your job well, you may be entitled to unemployment insurance benefits. If you are forced to quit or take an extended period of unpaid leave, you should be entitled to receive California State Disability benefits if your doctor affirms you cannot perform the functions of your job.
If you quit, you will have a harder time getting unemployment insurance benefits. A voluntary quit generally disqualifies an employee from receiving unemployment benefits. However if you can prove you had good cause to quit, as that term is defined by the EDD, you can overcome the voluntary quit disqualification. Look here for more information about how the EDD makes such a determination:
Good luck to you.
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