Do we have a case of unemployment if my husband quits his job?

Immediately your husband should deliver/fax/messenger a Claim Form for Workers' Compensation Benefits before he gets fired. Comp Claims submitted after the worker is fired are most-often denied and non-compensable.

The answer depends on whether your husband quits his job for good cause. Ordinarily, unemployment benefits are not available for someone who quits their job, but an exception to this is where the resignation occurred because of good cause. Given your circumstances, I think you have a strong argument in favor of good cause, especially if this was not the first time it occurred and the medical records corroborate your claim. I'm also wondering if there may be an OSHA violation for failing to guard against this chemical inhalation.

Generally, of course, you are disqualified from receiving unemployment insurance compensation benefits if you voluntarily quit or leave your job. However, the Oregon Employment Department will award benefits to those who voluntarily quit their position if they have "good cause." What the extent of good cause entails, and what it doesn't entail, is not often an easy question to answer and is very fact specific and determined on a case-by-case basis. If you have evidence from the hospital or your husband's doctor that chemical inhalation is causing medical issues, you should offer that to the Employment Department representative who investigates the claim. Of course, if the employer alleges that stress was the cause of any health issue, the Employment Department would likely take that into consideration, as well. Without knowing all the facts, I'd frankly be hesitant to quit a position in the hopes that he'd be awarded unemployment benefits. The burden is on the former employee to prove that good cause existed. While it certainly depends on the facts of the case, and this may not be true in your husbnad's situation, more often than not those who quit are denied UI benefits. If that occurs, he can appeal and have an ALJ conduct a hearing, but this can take significant time during which he'll be without an income. He may ultimately win, but he may not. If your husband became sick or injured on the job, you should also suggest he see how this might affect a worker's compensation claim or the like.