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My employer is pushing me to voluntary quit while I am out on short term disability

Irvine, CA |

I am currently on SDI (as I was out due to a medical condition not work related) and have more time left on it's benefit. If I resign will that interfere with my benefits?

Attorney Answers 3


  1. Whatever you do, do not quit. There is no reason for you to. If you are unable to work, due to your medical condition, ask your employer to accommodate you by allowing for a reasonable extension of medical leave. If you can perform some duties, light duties, or work with some assistance, you may need to explore another form of accommodation with your employer. But if the employment is to end, it should be the employer's decision not yours. If they do chose to terminate, you should consult with an employment law attorney to explore whether you have any legal options. In fact, you can even consult with an attorney before-hand, just to know your rights and obligations.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.


  2. I agree with my colleague . You have rights you will loose if u resign .

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  3. I cannot think of any benefit to you in resigning and there is great potential you will be harmed by doing so. Has the employer given you any reason? Made any too-good-to-pass-up offers?

    If your employer has at least five employees, it is required to give you reasonable accommodation for a medical condition that meets the definition of "disability" under the Fair Employment and Housing Act (FEHA). The FEHA is a California law that is similar to, but better than, the ADA. Please look at my Avvo guide on the ADA: http://www.avvo.com/pages/show?category_id=6&permalink=disability-discrimination-in-employment. Please look at my Avvo guide to the differences between the ADA and California's more generous FEHA: http://www.avvo.com/legal-guides/ugc/employment-disability-protection-under-californias-fair-employment-and-housing-act-and-federal-ada?published=true.

    Resigning will not interfere with SDI benefits provided your disability started during your employment (which it obviously did).

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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