Can I quit my job due to unbearable conditions and still receive unemployment compensation?

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In the past 8 months, my employers has jepordized my ability to obtain unemplyment benefits. I had to go to a hearing where they were found at fault.They don't believe that I have a serious should injury which is documented. They keep sending me to the dr on my dime and now since I've been placed on restrictions they cut my hours from 40 to 21. Its hard to survive and I feel overwhelmed and harrassed. I also fall under the category of "protected class". What can I do?

Attorney Answers

2
Peter Taylor ·
The employer is on notice that you have a shoulder injury and it should be taking the issue seriously. The injury may be work-related. If it is, you should have promptly reported the injury and filed a workers' compensation claim, and should be giving the claim details to the doctors' offices so they can bill the workers' compensation carrier. If the injury is not work related it still may be disabling and you may qualify for protection under the California Fair Employment and Housing Act if your employer employs five or more employees. The employer should be engaging in the interactive process to discuss reasonable accommodations if you have a physical disability. The cut in hours could be considered disability discrimination and adverse job action. However, the employer might say it is accommodating your restrictions. The employer should consider other types of work and schedules with you.
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