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Is it possible to still be able to recieve unemployment due to depression with family matters having agreed with employer and person that resigning due to family matters causing one not being able to perform work duties

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  • You're going to want to discuss this with your unemployment office.
    – jwh20
    Jul 29 at 17:17
  • Sounds more like a disability claim. Talk to a lawyer early and make sure you don't screw yourself out of benefits you were entitled to.
    – bdb484
    Jul 29 at 19:02

1 Answer 1

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For the state of texas:

This is what it says about your eligibility as you quit...

You may be eligible for benefits if you quit for one of the reasons listed below:

  • Quit for good cause connected with the work, which means a work-related reason that would make an individual who wants to remain employed leave employment. You should be able to present evidence that you tried to correct work-related problems before you quit. Examples of quitting for good work-related reason are well-documented instances of:
    • Unsafe working conditions
    • Significant changes in hiring agreement
    • Not getting paid or difficulty getting your agreed-upon pay
  • Quit for a good reason not related to work, under limited circumstances. Examples include leaving work because:
    • A personal medical illness or injury prevented you from working
    • You are caring for a minor child who has a medical illness
    • You are caring for a terminally ill spouse
    • You have documented cases of sexual assault, family violence or stalking
    • You entered Commission-Approved Training and the job is not considered suitable under Section 20
    • You moved with your military spouse
  • Quit to move with your spouse when the move is not part of a qualifying military permanent change of station (PCS). You may be eligible for benefits but you will be disqualified for 6 to 25 weeks, depending on the situation. Your maximum benefit amount is also reduced by the number of disqualified weeks.

However, however you say that you agreed with your employer to resign due to performance reasons... Such a decision might be considered a forced resignation (IE being fired) rather then 'quiting' In which case the applicable law says:

You may be eligible for benefits if you were fired for reasons other than misconduct. Examples of misconduct that could make you ineligible include violation of company policy, violation of law, neglect or mismanagement of your position, or failure to perform your work adequately if you are capable of doing so.

I don't know if the labor board would consider depression as being a valid reason of being incapable of doing your work, it wouldn't have 20 years ago... Especially if you don't have a diagnosis from a psychiatrist or other mental health professional.

I would recommend talking to the unemployment board... But personal opinion I doubt you will be successful.

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    In case you missed it - it's tagged [texas]
    – Rick
    Jul 29 at 18:06

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