Santa Barbara, CA asked in Employment Law for California

Q: I had an unforseen medical emergency at work. I can work after March 30th. Can I get unemployment until then?

As I am filling for unemployment, I was wondering if my reason falls under good cause in the UI code.

I had a brain hemorrhage and I never had a history of this prior. This happened at work. I expressed to my employer that I was planning on transferring to the other center where I live back home. Unfortunately I can't move back home since it is risky, I need to be closely monitored, and have a relationship established with my neurosurgeon for follow ups. My Dr put me to not work until March 30th. Hence, I can't transfer. And on the EDD claim form I put that I quit - since I would not return to my job at the original location I was at. Although it was a flexible and a fairly easy job, at this center in particular there were some unsafe working conditions such as: poor ventilation, mold in the break room ceilings, and an unattended floor crack. My work was in a very old building. The transfer was brought up because it would provide job security temporarily, if I moved.

Thank you

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: If you are unemployed because you are incapable of doing your job for now, unemployment insurance is not the benefit you should seek. Rather, you need to apply for California State Disability Insurance, administered by the EDD, the same government entity that administers Unemployment Insurance.

Good luck to you.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, eligibility for unemployment insurance (UI) benefits often hinges on the reason for unemployment being "good cause" related to the work or employer. Medical emergencies, such as the one you've experienced, can sometimes qualify as good cause, especially when they prevent you from continuing your current employment. However, the specific circumstances of your departure from work, including the condition of your workplace and the medical advice you received, play a crucial role in determining eligibility.

When you indicate that you quit your job, it's essential to provide a detailed explanation of the circumstances, including the unforeseen medical emergency, the unsafe working conditions, and the advice of your doctor. The California Employment Development Department (EDD) reviews claims on a case-by-case basis, considering whether the decision to leave employment was reasonable under the circumstances. Documentation from your doctor and any evidence of the conditions at your workplace could support your claim.

It's advisable to communicate clearly with the EDD about your situation, emphasizing the medical emergency and its impact on your ability to work, as well as your initial intention to transfer rather than quit. The EDD will assess whether your situation meets the criteria for good cause. If your claim is initially denied, you have the right to appeal and present further evidence or clarification about your case. Seeking guidance from a professional familiar with employment law may also help navigate this process more effectively.

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