Can I resign from work due to work related stress and draw unemployment?

It will be difficult for you collect unemployment benefits if you quit due to stress, but it is possible. Here is how the EDD views such matters, under the Unemployment Insurance Code: "Title 22, Section 1256-15(b), provides: A claimant leaves work with good cause if a reasonable person genuinely desirous of remaining employed would have left work due to an undue risk of injury or illness caused by health reasons, physical impairment, impairment of hearing, speech, or vision, pregnancy, or unsanitary conditions, temperature, or ventilation problems, adverse weather or climate conditions, or other working conditions, . . . But Title 22 cautions in the same subsection: . . . and the claimant has taken reasonable steps under the circumstances to preserve the employment relationship such as seeking sick leave where health factors are involved, or other leave, if available, or a transfer to other available work the claimant can perform. Where the work is detrimental to the claimant's health AND the claimant is genuinely desirous of preserving the employment relationship, the claimant reasonably should give the employer the opportunity to remedy the situation. Thus, where a claimant quits because of an alleged health problem BUT fails to notify the employer of his problem although he had an opportunity to do so, the quit generally will be without good cause." To convince the EDD that you were genuinely desirous of preserving the employment relationship, the burden will be on you to show you have done everyone reasonable to keep your job, to no avail. In addition, you are going to most likely need a note from a doctor stating that this particular job posed an undue risk to your health or safety. I wish you well with the outcome of your decision.

If you are unable to return to work because of a mental health disability, then you would have a hard time qualifying for unemployment benefits. You would be better off applying for disability benefits. Both are handled by the EDD. Could you return to work if you had a reasonable accommodation for your health? You need to talk to your doctor about the conditions under which you will be released to return to work. For information on what types of accommodation would be suitable for your particular situation, look at the Job Accommodation Network online. You need to consult an attorney in your area and provide more details to get an answer which will more directly address your concerns. You need to contact an attorney before you contact your employer about returning or not returning to work. Pamela Pitt LAW OFFICE OF PAMELA PITT 415 291-9251 www.pamelapitt.com

Hello. To receive benefits or to prevail at an appeal if your benefits denied, you have to show proof that returning to work would be extremely difficult for you for health reasons. You will also have to show that you have taken some steps to address the situation before quitting, such as requesting accommodations from your employer or requesting to be transferred to another position and any other reasonable efforts before quitting. Thanks, Arkady Itkin San Francisco & Sacramento Employment Lawyer