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  1. #1

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    Resigning with documented medical condition & collecting unemployment

    Jurisdiction / State: Wisconsin

    Can I collect unemployment if I resign? I am on FMLA for a medical condition. Since being granted FLMA over a year ago, I have had nothing but grief, extreme stress, tension, a negative work atmosphere and more stress from co-workers and my boss. According to my boss, people get pissed off when I;m gone and have little concern. I have gone to my boss, Human Resource Director, my clinical manager many times to rectify the situation and have even asked to be transferred. All I get is "we will look into it". My condition has exacerbated due to the amount of pressure and stress I'm under and I'm fed up. After consulting with my dr that this is hurting my health, she has agreed to write a letter to whoever it needs to go to (which is??) that I would like to resign as my condition has worsened due to unresolved conflicts at work but with the option to retain work elsewhere in another company.
    If this is possible, who does the letter go to and where do I go first? Do I go to HR and tell them I would like to resign as long as they don't challenge me in unemployment? Do I go to my boss first and tell her? If I go to HR, can I ask for them not to challenge me, and ask to keep my health and dental insurance at a discounted rate?
    I'm really frustrated. I don't want to quit as I love what my job entails, BUT, the hostile work environment just isn't good for my health anymore. I can't keep going on like this. Obviously HR isn't taking me very seriously when I say I am having problems with my co-workers and boss. My boss has also violated FMLA rules by asking me questions about my condition which she has no right to do. I also had to do a medical record audit as there are co-workers that no to much about my condition when I never told them.
    HELP!!!!


  2. Super Moderator Samaritan & Scholar
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    You can resign, but probably will not collect unemployment insurance.

    UI is supposed to help you out until you get your next position.

    If you are permanently disabled, the likelihood of your ever working again is small or nil.

    You can always apply and see what they say.

    Obama's administration is eager to dole out federal funds.

    So, try it, you just might get lucky.

    It is not a crime to apply for UI.

    If your boss asked specific questions about your medical problems, that isn't per se a violation of FMLA.

    It might have been somewhat violative, however, of HIPA.

    You might speak with HR about this, but I don't see what good it might achieve.

    If it makes you feel better, do it.

    If this doesn't assuage your feelings and passions, speak with a local attorney.

    Someone might take your case, after a longer discussion of your allegations.

    I don't see anything actionable here, however.

    But, seek a second in person interview for a better answer.

    I wouldn't add anything to my resignation letter, other than your reason for resigning.

    The employer is under no obligation to make any deal with you.

    In fact, what you propose could be construed by an eager, zealous prosecutor as an illegal inducement or even intimidating.

    LESS IS ALWAYS MORE!
    Last edited by army judge; 04-15-2010 at 10:53 AM.

  3. #3
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    A couple of things:

    The term, hostile work environment, has a very specific meaning under employment law. It takes more than stress or people being nasty for it to fall under that definition.

    In order to collect unemployment, you must be available for work, actively looking for work, and available to accept work if offered. If you are medically unable to work, you are not eligible for unemployment.

    For the most part, if you quit you do not get unemployment. There can be exceptions but there is by no means any guarantee that what you've described would meet them. Even if HR agreed not to contest, that is still no guarantee that you would receive benefits. I have had employees turned down for UI when I did not contest, if the reasons their employment ended disqualified them. It is the state's decision whether you get UI, not your employer.

    I cannot imagine why your HR would agree to continue your insurance at a discounted rate. There is no incentive for them to do so.

    Asking questions is not inherently illegal under either FMLA or HIPAA. HIPAA regulates who can provide information, not who can ask questions.

    With all that said, if you want to provide some examples of how you are treated and why you think you are treated that way, we can reaccess your chances in that light. But nothing you have so far posted leads me to believe that you would qualify for UI if you quit.

  4. #4

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    Quote Originally Posted by mdlamore View Post
    Can I collect unemployment if I resign? I am on FMLA for a medical condition. Since being granted FLMA over a year ago, I have had nothing but grief, extreme stress, tension, a negative work atmosphere and more stress from co-workers and my boss. According to my boss, people get pissed off when I;m gone and have little concern. I have gone to my boss, Human Resource Director, my clinical manager many times to rectify the situation and have even asked to be transferred. All I get is "we will look into it". My condition has exacerbated due to the amount of pressure and stress I'm under and I'm fed up. After consulting with my dr that this is hurting my health, she has agreed to write a letter to whoever it needs to go to (which is??) that I would like to resign as my condition has worsened due to unresolved conflicts at work but with the option to retain work elsewhere in another company.
    If this is possible, who does the letter go to and where do I go first? Do I go to HR and tell them I would like to resign as long as they don't challenge me in unemployment? Do I go to my boss first and tell her? If I go to HR, can I ask for them not to challenge me, and ask to keep my health and dental insurance at a discounted rate?
    I'm really frustrated. I don't want to quit as I love what my job entails, BUT, the hostile work environment just isn't good for my health anymore. I can't keep going on like this. Obviously HR isn't taking me very seriously when I say I am having problems with my co-workers and boss. My boss has also violated FMLA rules by asking me questions about my condition which she has no right to do. I also had to do a medical record audit as there are co-workers that no to much about my condition when I never told them.
    HELP!!!!
    I work in healthcare. I was granted FMLA due to migraines. I used to get them only a few times but in the past 8 months its at least once a week with tension and cluster headaches on top of the other headaches. My headaches are greatly related to how my boss has treated me since getting them. I am simply just standing up for myself. Its I either stay and ďdealĒ with everything so my health can fall thru the cracks or I resign to and try to get a job elsewhere where I know I will be happier. I understand that job stress is a part of any job especially healthcare but this is more than that. Headaches and migraines are no fun for anyone. They are very debilitating. I have done everything by going to HR and going to EAP which is employee assistance program to learn to cope but sometimes resigning is the only option when things get out of hand. I have lost weight which is really bad for me also. I am just simply tired of dealing with it. Iím not trying to cheat the system or I donít want to work. I just simply want the option to resign without any problems and to be able to support myself till another job comes along.

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    I work in healthcare. I was granted FMLA due to migraines. I used to get them only a few times but in the past 8 months its at least once a week with tension and cluster headaches on top of the other headaches. My headaches are greatly related to how my boss has treated me since getting them. I am simply just standing up for myself. Its I either stay and “deal” with everything so my health can fall thru the cracks or I resign to and try to get a job elsewhere where I know I will be happier. I understand that job stress is a part of any job especially healthcare but this is more than that. Headaches and migraines are no fun for anyone. They are very debilitating. I have done everything by going to HR and going to EAP which is employee assistance program to learn to cope but sometimes resigning is the only option when things get out of hand. I have lost weight which is really bad for me also. I am just simply tired of dealing with it. I’m not trying to cheat the system or I don’t want to work. I just simply want the option to resign without any problems and to be able to support myself till another job comes along.

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    Re: Resigning with documented medical condition & collecting unemployment

    You are free to resign.

    If you do, UI most likely will be denied.

    This is, after all, the alleged home of the free.

    Go ahead, spread your wings and set yourself free.

    The decision as the whether you eventually get UI is up to your state authorities.

    My opinion has no bearing on what your state decides to do with your claim.

    My opinion is based on the law and what I've seen in similar situations.

    But, hey, new law is made every day.

    Go for it, fly, little bird, fly; set yourself free!!!

  7. #7
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    You have still provided no examples of your boss's treatment of you. You have as yet posted nothing to change my opinion that if you quit, unemployment will be denied.

  8. #8

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    To CBG,

    1. Retaliation from co-workers and boss because I miss work due to condition. Boss has told me that I disrupt the dept and people are pissed off. Understandable but don't make it harder for me as I am part of your dept too.
    2. Singled out. Required to take NPA which is non-paid accrual on top of my days off that are unpaid FMLA days. Funny how others employees don't get as much as I do. What started out at 37 hours a week has dwindled down to 24-30hrs per week.
    3. Have caught co-workers talking behind my back. Have not said anything but it bothers me. Such as "why is she here"?,"if she would only be here more often then this crap wouldn't be happening", etc.
    4. Co-workers leaving notes on my desk when I am gone due to FMLA. Which is a violation of my work regulations and FMLA regulations.
    5. Have asked to be transferred but have been told its not feasable.
    6. Boss asking personal questions about my medical condition which is another violation of FMLA regulations.
    7. A room full of negativity whenever I come back to work. I'm lucky if I get a HI from anyone.
    8. My boss posting on a dry erase board for the whole dept to see when I was gone and why. IE: Michelle L gone on a such and such date for FMLA. While she may not be violating any rules, she is humiliating me. Might as well just post why I was gone.
    9. Names names of other co-workers that have migraines but not as bad as I do.
    10. Nitpicks on the smallest of things like forgetting to turn off my computer after a shift. Other co-workers leave theirs on why can't I? Wow really? My bad. I'm only human. Sheesh.
    11. Being upset with me because I have chosen not to take prescription drugs for my condition as they can interfere with other health issues.
    Need I go on? I have almost 6 pages of crap relating to my condition and not relation to my condition.
    I'm fed up. Im sorry if I want to stand up for myself and I am concerned about my health but frankly I'm tired of it. If I stay, then I continue to deal with a hostile work environment and put my health at more risk. Having headache after headache after headache is getting ridiculous. If I leave, I know that I will be much happier and my health will start to fall back into a normal pattern. If I stay, I will continue to have pressure and stress on a daily basis and can make matters worse. Such as nervous breakdown, depression etc, etc according to my dr or a possible telling my boss exactly what I think of her while getting escorted out by security.
    I take my health very seriously and I'm not trying to screw over the unemployment system. I just simply want an option to resign so I am not in this position anymore. To work out an arrangement with my employer so that I am eligible for unemployment. I don't want severence pay or a war on my hands.
    11.

  9. #9
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    I will be extremely surprised if you get unemployment if you quit.

    What you have described is not a hostile work environment under the law.

  10. #10
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    Re: Resigning with documented medical condition & collecting unemployment

    There is deep hostility and resentment at play here.

    It emanates not from the suspected source, however.

  11. #11
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    My understanding, under the law, the harassment that you have experienced is "retaliation" for you exercising your rights. I have a lawsuit for a very similar situation going in CA. Talk to an employment law atty in your area ASAP. Their actions may also fall under disability discrimination.
    File a complaint with EEOC ASAP. They will investigate your FMLA information as well. Before quitting, contact an employment law atty. If you have already quit, there could be grounds for constructive discharge due to o their illegal retaliation (harassment) for using and exerting your rights under FMLA and most likely ADA. If your state has a labor department that handles discrimination cases under state employment law, file a claim with them as well, ASAP.

  12. #12
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    The EEOC is not the regulatory agency for FMLA. The US DOL is.

  13. #13
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    Correct, DOL is...however, when EEOC investigates, they can and will check for FMLA documentation, etc.

    BTW, I DID get UI when I quit under circumstances (I won UI on appeal; I was able to prove my employer's discrimintory actions, in their own writing...)

    There are a couple of books out that are worth looking into, the first is "Snakes In Suits" and the 2nd is "Corporate Confidential".

    CBG seems to know everything about HR and how corporate runs their operations, maybe CBG can help explain why employers do illegal things every day and feel they have no accountability for what they do? If you think they're lying to you, they probably are...It's a ruthless game...
    Last edited by theretoo; 04-29-2010 at 02:15 AM.

  14. #14
    Super Moderator Samaritan & Scholar

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    Theretoo, if you really want to get into that issue with me, fine, but not on someone else's thread.

  15. #15

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    resignation due to medical and unemployment

    Hello-

    I am currently disabled due to a short-term disability that does not permit me to fulfill my duties for the next few months. I plan to file for disability, but feel as though I should go ahead and resign my position so that my employer can find someone to replace me ASAP because it will place hardship on the department. They can't begin a candidate search until they receive my formal letter of resignation.

    If I resign under these circumstances and my disability then runs out (I should be available to work in two months if everything goes well with my recovery), can I then file for unemployment if I have not yet found a job?

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