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Do I need to file a claim w/ labor commissioner or legal counsel if my employer is stating that I voluntarily quit when I havent

Asked over 2 years ago - San Gabriel, CA

Employment

My employer has been been reducing my hours since the beginning of the year due to lack of work. The last week I did work it was only 12 hours. The last 2 weeks there's been no hours and my employer said that I could file for loss of hours through unemployment, and that he will get work eventually. He also said that he could no longer pay for my health benefits so he cancelled that. After two and half weeks of no work, he texts me this morning saying that there is work, could I come in. I told him I could not be on call and that i needed a consistent schedule and that I was going to file for unemployment. He texts me back saying that he will not approve my unemployment and that this will be considered a voluntary quit. I did not quit, and he will not return or respond to any calls.

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Attorney answers (3)

Michael Robert Kirschbaum

Reputation Level 16

Answered over 2 years ago. Employment / Labor Attorney in Irvine, CA.

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Go ahead, as you intended, and file a claim with unemployment. But be honest with them. You will have to tell them he offered you an assignment and you turned it down because you cannot work on such a limited basis, particularly without benefits, that you are looking for full-time employment.

Employees may be eligible for unemployment benefits, if they quit a job for good cause or reasonably turn down a job that cannot sustain them and meet their needs. You must be prepared to show that is the case here. Had this been a new employer who offered you a job on the same terms and conditions, would you have taken it? Be prepared to explain your reasons why it was not acceptable.

By the way, it is not up to the employer to decide if you get the benefits, it is up to the EDD. If your first response is a denial, appeal it and ask for a hearing before an administrative law judge. Some people do hire attorneys to represent them, but those who can articulate their position reasonable well, can do just as well.

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Elizabeth Mitchell Oakes, licensed in Florida

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Elizabeth Mitchell Oakes

Reputation Level 8

Answered over 2 years ago. Employment / Labor Attorney in Jacksonville, FL.

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Also contact the insurance company and tell them what happened. You may be eligible for continuation coverage under federal COBRA law, if it was a large employer. If it was a small employer, you may have a "mini-COBRA" statute in California that would provide continuation coverage. As far as the insurance company and the cancellation of coverage, if the dates are correct, you should make sure they understand that the work ended, THEN the policy was cancelled by the employer. If this is not true, don't assert it, however.

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Traci Michelle Hinden

Reputation Level 8

Answered over 2 years ago. Employment / Labor Attorney in San Francisco, CA.

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You did not voluntarily quit. You told him you needed a consistent schedule. You will be eligible for COBRA. But even if he gives you some hours, he may not have to pay your health benefits.
COBRA is available for those terminated, or for reduced hours. Accordingly, you've been eligible since the reduction, presumably of hours to part time.
Tell Unemployment the whole truth. Sometimes people still receive Unemployment albeit occasionally working. I've see this often in the film industry & theaters.

One helpful hint, when dealing with EDD/unemployment or any other government agency (which you may have to if you believe he reduced your hours due to your being in a protected class, e.g. gender, race, national origin, sexual orientation, religion, etc.) bend over backwards with the interviewers and be as clear and concise. These workers are way overwhelmed and if you ramble or are rude to them, they may simply move on or deny your claim. You want them to understand your position very clearly and in order to know that, ask questions about what to expect, or about whether they need to know more.
Good luck.

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