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?
Employment / Labor Attorney
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.
I agree with my colleague . You have rights you will loose if u resign .
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Employment / Labor Attorney
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).
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