Are you eligible to collect unemployment benefits if you quit your job due to stress?

Asked almost 2 years ago - Los Angeles, CA

Attorney yelled at secretary because he has a temper and it has happened on more than one occasion. The secretary is now stressed out and Human Resources seems to be siding with the attorney.

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . You might, but it is certainly much more difficult if you voluntarily quit. In California, in order to be eligible for unemployment insurance benefits, you need to have been unemployed through no fault of your own.

    When an individual files a claim for unemployment benefits, the EDD documents the reason the individual is no longer working, and includes it in the Notice of Claim Filed, DE 1101CZ, which is mailed to the last employer. The employer may also provide written information about the reason the individual is no longer working when responding to this notice.

    If the individual quit, the EDD will conduct a telephone interview with the individual and the employer approximately two weeks after the claim is filed to determine whether or not the individual is eligible for unemployment benefits, according to state law and regulations.

    California law provides that an individual who quits his/her job may be eligible forunemployment benefits provided there was "good cause" for leaving employment, and the individual made all reasonable attempts to keep their job (e.g., request of leave of absence or transfer). Once all reasonable alternatives to leaving have been attempted, good cause may include situations such as leaving work due to unsafe working conditions, leaving work based on a medical doctor's advice, or leaving work to protect oneself or one's child from domestic violence.

    The EDD staff will determine on a case-by-case basis, whether the facts presented for the quit are "good cause" according to state law. Of course, the individual must also meet all other eligibility requirements before unemployment benefits can be paid.

    The EDD’s law and policy guidelines regarding "Voluntary Quits" are available on the EDD Web site at:

    http://www.edd.ca.gov/UIBDG/Voluntary_Quit_-_Ta...

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Neil Pedersen

    Contributor Level 20

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    Answered . When someone quits their job, getting unemployment benefits is more problematic, it is not impossible. However you will need to prove that you were forced to quit to avoid the untenable conduct of this attorney. Keep in mind that if your stress level increases to a point where you are having debilitating physical or emotional symptoms you should consult with a good workers compensation attorney who can make sure you get treatment and file a claim for you.

    Good luck to you

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  3. Marilynn Mika Spencer

    Contributor Level 20

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    Answered . The California Employment Development Department (EDD) administers California’s unemployment insurance program and evaluates claims for benefits. The EDD provides helpful information on its website:

    Home page
    http://www.edd.ca.gov/Unemployment/

    Eligibility requirements
    http://www.edd.ca.gov/unemployment/Eligibility.htm

    Summaries of the law (Benefit Determination Guide)
    http://www.edd.ca.gov/UIBDG/

    Appeals
    http://www.edd.ca.gov/Unemployment/FAQ_-_Appeal...

    Precedent Decisions (law the administrative law judges rely on)
    http://www.cuiab.ca.gov/precedent_decisions.shtm

    Frequently asked questions
    http://www.edd.ca.gov/unemployment/FAQs.htm

    Filing a claim for unemployment benefits
    http://www.edd.ca.gov/unemployment/Filing_a_Cla...

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more

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