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

Asked 10 months ago - 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)

  1. Daniel Michael Holzman

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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
    www.lawmploymentlawyers.com

  2. Neil Pedersen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

    http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_5...

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

    Good luck to you.

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

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