health reasons due to added roles and responsibilities

by Jennifer

(Boston, MA)

I work in Massachusetts for a commercial office furniture dealership as a Senior Project Manager.
In September of 2008 the Account Executive of the Team I was a part of got fired, and in Novemeber of 2008 my company laid off the designer in my team. Since this time all the roles and responsibilities of these two former co-workers have been placed on me to learn how to do. I have tried my best for the last 1 1/2 years to handle all this work, going to my boss on occasion and letting him know of my stress level for all of this work. In December of 2009, I was admitted into the ER for severe abdominal pain and after a series of tests and doctors appointments for over a month it was determined that my health issues are stress and anxiety related due to what I’ve had to deal with at work. I’ve been on 6 different types of prescriped medication since December and still trying to work out the health issues.
My doctor has it documented that this has been the case and is willing to write a letter confirming this. I went to my boss back in December and told him about my health issues and that I needed to have something change- this was verbal. However, nothing was ever done. Because of these reasons, I am forced to resign from my job due to my health issues and my work environment not changing.
Would I be entitled to Unemployment Insurance knowing this?

Jennifer,

It’s never a simple matter of whether someone is entitled to benefits .. It’s always a matter of whether they can prove they first gave the employer a chance to “correct the aspects of the job that were causing the medical problems.

So although I hate to see the phrase “I talked to the employer” .. I am not one to lay down and play dead just because your proof isn’t perfect.

Credibility plays a huge factor .. but not so much at the initial adjudication level as it does at unemployment appeal hearings.

What I’m trying to say is that the documentation is incomplete which gives the claims department a wider berth to deny benefits .. depending on the employer’s response, but that at a hearing .. they ask more questions and “fully develop the record” through a more detailed fact finding process.

What you do have going for you is that you are located MA.

Mass gives UI benefits more liberally than the majority of states, but all states seem to be trying to control the flow of benefits by initially denying more claims .. because claimants are likely not to appeal ..

Therefore, I’d feel better about an appeal not being needed .. if you had documented the conversation with the employer because it would leave no room for the department to say you didn’t make efforts to preserve the employment.