I believe I have legitimate reasons for quitting my job; would I be able to receive unemployment benefits?

Asked almost 5 years ago - Richmond, CA

I have been screamed at and moved to another building, many of my job responsibilities have changed. The same person who screamed at me is now trying to get me removed from one more of my job responsibilities and probably will manage to do so (he's a star money maker).

Attorney answers (2)

  1. Kenneth Lewis Swenson

    Contributor Level 15

    Answered . California Unemployment Insurance Code section 1256 provides that an employee is disqualified from receiving unemployment insurance benefits if he or she has left the most recent work voluntarily without good cause. If you quit, your eligibility for benefits depends on whether you had good cause, based upon the particulars of your case.

    The California Employment Development Department, which makes the initial eligibility determination, has published some guidance on how it determines good cause which you may access at the following link: http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_5... Cause.

    Very generally, it applies a three part test to determine the presence of "good cause": (1) Is the reason for leaving "real, substantial, and compelling"? (2) Would that reason cause a "reasonable person," genuinely desirous of working, to leave work under the same circumstances? and (3) Did the claimant fail to attempt to preserve the employment relationship, thereby negating any "good cause" he/she might have had in leaving?

    You should consult with an attorney to discuss the particulars of your matter and for any specific legal advice.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Unemployment insurance is a program that may provide you with money if you lose your job through no fault of your own. If you quit your job without meeting these requirements, you may be denied benefits because you will be considered to have voluntarily quit your job. If you feel unsafe at your job despite taking other steps, you may be eligible.

    Because this matter is so important you should really get a lawyer. You might find my Legal Guide helpful " What Do I Tell My Lawyer?"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    Online we cannot know what the other details are going on in your case because online we cannot find out those details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,807 answers this week

3,078 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,807 answers this week

3,078 attorneys answering