I live in california. does anyone know what percentage of my pay I would get. I'm on the verge of getting can

I wrote a question earlier about being out on stress disability from work. My manager has been coming down hard on me this week. Asking me if I am happy, why I'm not engaging into things like I used to, calling me out for being 6 minutes late, etc. I am continuing to seek medical treatment for work stress, and going to group sessions about it. I'm just trying to prepare myself for the worst - what does the state of CA pay for unemployment. I'm so worried! thank you
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hey paydaybutt - I have been working really hard to get a job. I don't want to get unemployment, it might be my my only option. I work in HR so I deal with losers who don't deserve unemployment everyday! You don't know anything all the details buddy so if you don't have any good advice move onto the next question already.

paydaybutte

If you choose not to work, you don't get unemployment. If you suffer from "WORK STRESS", find a new job. I personally don't want to pay for you if you are "stressed"- who isn't?
Get a job- stop whinning

RopeResQ

I'm not an expert on CA law, but I would check out the American's Disablity Act. An employer cannot fire you without cause, and if you're being treated for a medical condition, then an employer is required to work with you to find something you can do. I feel like I'm preaching to the choir here, since you said you work in HR. That's where I would have said you should start.

Since that doesn't seem to be a viable option, check with your law department, they may be able to give you more information.

Mel

Let's separate out a few things here:

-if your stress is caused by work (to meet work comp requirements you must be able to demonstrate that it's work that is causing you stress and not your BF, kids, cat, credit card debt, etc.), then you should file a work comp claim. Your doctor will need to certify that you have a valid claim.

-if you file a work comp claim and your doctor verifies that you have a need for a leave of absence, you are entitled to take a leave. Most companies roll their WC leaves under FMLA leave, so you'd be entitled to at least 12 weeks. As you are probably aware since you work in HR, FMLA leaves are protected by law and you cannot be terminated for taking one.

-if you are terminated for cause (excessive absenteeism, poor performance, etc.) it is unlikely you'll be awarded UI unless you can demonstrate that the action was retaliatory because of your stress claim.

-if you quit, you also can't collect UI most of the time

-if you are laid off, you can generally collect UI

-UI payments are a sliding scale based on your current base salary (do you really work in HR? how do yo unot know all of this?) You can find more info at www.edd.ca.gov, including instructions on how to file and what the sliding scale looks like.

Good luck

redvelvetflames4ever

If I recall correctly normally stress related worker's comp cases are due to hostile work environments. Not merely because you are overworked. Basing this on a couple of case studies I read about. Additionally, in order to receive workersâ€™ comp for stress, the employee must show that work accounts for more than 50% of all sources of stress. But an individual who has been employed for less than six months will not be compensated for work-related stress, unless the stress results form a sudden and extraordinary employment condition (which category are you?) Also, be advised lawful, non-discriminatory, good faith personnel actions (such as discipline and terminations) are not grounds for stress claims. You are being asked why don't you socialize anymore (they are showing concern even if it may be hypocritical as you allude it to be.) You were six minutes late (you have been late only once since you returned and it was this particular day or were there other instances?) You haven't written anything indicating a true hostile work environment (sudden and extrodinary employment condition) that led to your condition that may give you grounds to pursue a complaint with the EEOC; however, you do state you are in HR so you know the drill. I recommend you leave this field altogether and find something less stressful. Unfortunately, I must agree with another poster who questioned if you were in fact in HR. If you were in HR for as long as you indicate you would know to go to the Department of Labor's website that offers you the option to select the State you reside in and it would give you the information you are seeking.

For the record and not to be mean, but if it is proven your stress is not job related but due to personal problems/issues I personally would go after you to recoup the monies. The State of California which I love since most employer's are scared chite of any wrongdoing to employee's for fear of legal action. Get out of the field of Human Resources. Get out of that company. Be a receptionist or file clerk for a small operation where you are pretty much left alone.

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