Legal Question in Employment Law in Massachusetts
would this be a good enough reason to quit and collect benefits
i have been working for this company for three years,i just came back to work light duty from back surgery,and it was an unpaid leave due to no short term disability and now i want to search for a new job with less physical demand on my back because i am in fear of damaging it or re-injuring it again and dont want to have to go through this again.if i resign for this reason am i eligible for unemployment benefits until i find something less demanding on my body.
2 Answers from Attorneys
Re: would this be a good enough reason to quit and collect benefits
You may be eligible to collect unemployment if you leave a job you are no longer physically able to do on a permanent basis, but you must first attempt to find other suitable work with your current employer. You should have medical evidence to support your position that you could not physically perform the job that you had prior to your injury.
Re: would this be a good enough reason to quit and collect benefits
Probably not. Your employer has done nothing to warrent your resignation. Look for a job while working.
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