Q: I can't work in my current job because I have an acoustic neuroma (benign brain tumor)
My tumor causes dizziness and vertigo and I work in a noisy and bright senior activity center which triggers my illness. I want to file for unemployment based on my medical condition. I can meanwhile look for a job in my profession as customer service on a remote status which will not make be work in a noisy and busy environment. Can I file for unemployment for medical reasons and be approved?
A:
To address your question about filing for unemployment benefits in California due to your medical condition, here's a concise overview:
1. Medical condition as a reason for unemployment:
In California, you may be eligible for unemployment benefits if you had to leave your job due to a medical condition that prevents you from performing your current work.
2. Good cause requirement:
You need to show that you had "good cause" for leaving your job. Your acoustic neuroma and its symptoms (dizziness and vertigo) triggered by your work environment could potentially qualify as good cause.
3. Able and available to work:
To be eligible for unemployment benefits, you must be able and available to work. Your willingness to seek remote customer service work that accommodates your condition may satisfy this requirement.
4. Medical documentation:
You'll likely need to provide medical documentation supporting your condition and its impact on your ability to perform your current job.
5. Applying for benefits:
You can file a claim with the California Employment Development Department (EDD). Be prepared to explain your situation in detail.
6. Possible outcomes:
The EDD will review your case and may:
a) Approve your claim if they determine you had good cause to leave your job.
b) Deny your claim if they believe you could have continued working with reasonable accommodations.
7. Alternative options:
Consider exploring other options such as disability benefits or discussing possible accommodations with your current employer.
While it's possible to file for unemployment benefits in your situation, approval isn't guaranteed. Each case is evaluated individually.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.