Legal Question in Employment Law in California

Resigning due to a Medical Condition

I recently resigned as a computer QA fter 3 years of suffering from from chronic neck, shoulder and back pain aggrivated by sitting all day. After various treatments, neck injections, and increased medication that left me

sleepy and unable to concentrate, I resigned.

Can I collect unemployment insurance? I have patient records for the past year. My doctor said I could work just not seated all day.


Asked on 11/06/05, 11:08 pm

2 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Resigning due to a Medical Condition

Sounds like you have a workers compensation case!! If you are in Southern California, call me for a free consultation.

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Answered on 11/15/05, 3:19 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Resigning due to a Medical Condition

There is a fine line between being eligible for unemployment benefits due to medical reasons and being eligible for state disability benefits if you are unable to work. If your medical restrictions prevent you from perform the essential functions of the particular job you had but you can perform another job, you should be able to get unemployment, as long as you are ready, willing and able to work. Bottom line, you must be able to show you had no other option but to resign.

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Answered on 11/15/05, 12:06 pm


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