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  • work related stress

    I am on a medical leave using my own vacation pay due to work related stress. I did not try for workers compensation due to the stress of proving it. If I get fired when I return due to the fear of my employer thinking that I will file for workers compensation in the future do I get disability from the state of California? Is that just as stressful to prove as Workers Compensation? It seems that getting the appropriate payment is too stressful. I'd almost rather get fired and get unemployment as I'm too stressed to look for a new job. I've already tried and find it too overwhelming.
    Last edited by diksha; 04-04-2006, 05:24 PM.

  • #2
    You can not be terminated for filing a WC claim. Proving it is another matter entirely, particularly with stress claims. Terminating you before you file to prevent you from filing would serve no purpose as you don't have to be currently employed in order to file a claim. Why would you think they would fire you for maybe filing a claim?

    Whether you qualify for disability is a completely separate issue. You need not be employed so long as you are looking for work. You can find info about it here www.edd.ca.gov/direp/diind.htm.

    If you aren't able to look for work, you will not qualify for UC. Bear in mind too, that if you purposely try to get fired, you may not be able to get UC either.

    I'm not sure why you are so sure that your employer is planning to terminate. If yo uare that unhappy there, you should start looking for jobs elsewhere. Taking steps to end your current situation may help you deal with the stress a bit longer. Sometimes just knowing the end is near can help a lot. It did for me.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      I have heard my bosses talk about getting rid of someone before she goes on stress leave. I am too stressed to look for or start a new job. I started looking and was overwhelmed. My work related stress is a legitimate claim but the idea of proving it is also stressful. My doctor advised me to take time off so I am using my vacation pay. I'm planning to get away to recover somewhat but I have to return to the same job. I think I need more time but don't know if it will be considered a voluntary resignation that will prevent me from receiving unemployment.

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      • #4
        You don't know your employers were talking about you, and you don't know that it has anything to do with your leave or trying to prevent you from filing a claim. Like I said before, you could still file even if you did leave.

        Work related stress is hard to prove in that many of our lives are stressful and it is difficult to isolate any one source. You can of course always file WC. There is no penalty for doing so in good faith. I would recommend to you that you speak with a lawyer in your area who handles WC to assess your situation. WC lawyers are not permitted to charge up front, so it will cost you nothing to speak to someone and get an opinion. A lot will depend on what documentation your doctor has on this and what treatment you have undergone. There also usually needs to be something specific to your job that is causing the stress, not just the usual daily grind.

        What about your workplace is so stressful? Is there something in particular that you can pinpoint as the problem? Do you need more training? Is there a person or group you are having difficulty with? Is it the workload? The overall environment? The industry? The hours? Maybe if you can pinpoint it, you can try to do something about it. Some times that just isn't possible in which case I'd advise you to spend this vacation dusting off the old resume and possibly speaking to a headhunter or employment agency. I'm not being glib when I tell you that taking steps to leave can make a world of difference. Patty and CGB can attest to the fact that I've been there and it wasn't pretty.

        Regardless of how you leave, I would file for UC (unless it is to take another job). It doesn't hurt to apply, and there is no penalty for not qualifying. Who knows, your employer may miss the deadline with the forms or not contest it or you could be found eligible. If you just walk out the door your chances are much slimmer, but often "considered to have resigned" reads an awful lot like "was let go".

        The most important thing is to take care of your health. Without that, the rest is just details.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment

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