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Can Someone Re-Open Unemployment Claim On Old Job After Quitting New Job With Good Cause?

Los Angeles, CA |

For many years, my husband worked for a dealership that was bought out and all the employees were laid off. He started collecting unemployment while looking for a new job. After about 6 weeks his old manager convinced him to go with him to a new dealership much farther from the house but where he would have double the pay of his old job taking care of two stores instead of one. Unfortunately, after working 12-14 hours a day for 7 days a week for 6 weeks, he has not only grossed LESS than half of what he made at his old job but only $10 more a week than he was making on unemployment. And has no time to look for other jobs while working these hours. Can he quit and go back to collecting on the claim he started before he took this god awful job?

Attorney Answers 2


I'm not sure about the re-opening of the unemployment claim but your husband may have a claim for overtime pay, meal and rest breaks if he was misclassified as a salaried employee. Talk to a lawyer. The call should be free.

Dan Holzman

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He works on commission (even though he gets paid as W-2 "employee") and they have him on some pay plan that clearly doesn't work for him. (he is paid based on some percentage of gross.) We were both stunned when we saw his pay check. He needs to find a new job but we can't afford for him not to collect unemployment while he is looking. what a nightmare.

Daniel Michael Holzman

Daniel Michael Holzman


I would need to hear more details about job duties and pay to determine if there is a violation.


Technically, he would not be going back to the old claim, but instead filing a new claim based on the loss of the most recent job. He will have to prove that it was not a voluntary quit, as the EDD will define that term.

Take a look at the following links to the EDD website that thoroughly discusses that concept.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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