Panorama City, CA asked in Employment Law and Health Care Law for California

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?

1 Lawyer Answer
James L. Arrasmith
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Answered

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.

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