Legal Question in Employment Law in Pennsylvania

Can you collect unemployment if you quit your job if said job has caused you medical conditions?


Asked on 8/25/11, 10:19 am

2 Answers from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

Quitting your job disqualifies you from collecting unemployment unless certain exceptions exist. One exception is quitting your job because a medical condition makes you unable to perform the job. In such cases, you have a reason of a "necessitious and compelling" nature, justifying your separation from work if: 1) you get a doctor's letter or note identifying the medical condition and the limitations caused by it, 2) you communicate your medical condition and the limitations it causes to your employer (give them a copy of the note), 3) and your employer tells you that they do not have work within your restrictions.

If you are told by your doctor that you cannot work at all, you cannot collect unemployment because you are not "able and available to perform suitable work." If you leave work under such total restrictions, and then are advised later that you can do some work, follow the steps above, with the same results.

It does not matter whether or not the medical condition is caused by work. Medical conditions that are not work related or for which there is no known casue can qualify as necessitous and compelling reasons provided that you follow the steps above.

If you believe you can prove that your condition is caused by your work and is disabiling, you should also consider the possiblity of filing a workers' compensaiton claim. Beware, however, that work comp claims based on disabilities due to conditions other than injuries (e.g psychological conditions, illnesses)are very difficult to prove.

If this answer is not completely clear or you have any further questiosn, please do not hesitate to contact me.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

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Answered on 8/25/11, 12:00 pm
Daniel Cevallos Cevallos & Wong, LLP

This sounds more like a workers compensation issue--you could be entitled to compensation. Please feel free to call our office to discuss your options and recovery.

Answering your question does not create an attorney-client relationship.

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Answered on 8/25/11, 12:57 pm


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