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I was denied unemployment benefits under code 1256, I quit my job without good cause. How can I win my appeal?

Chino Hills, CA |

I quit due to a recent threat of physical harm by a truck driver that frequently comes to our facility. I reported the incident to my manager and we had a meeting. During the meeting my manager called me a liar and that he felt that I did not feel threatened. He also did not attempt to remedy the situation or offer any other solution. I asked if a door lock could be put on the out door small office so that disgruntled truck drivers would not barge in and yell, curse and make threats and prevent me from doing my job. My manager refused to put locks on the door and ignored my concern for my safety. The Carrier that the drivers work for is scheduled to arrive weekly so the threat was still there. My human resources would not return my calls. I felt that there was no other choice but to quit

Attorney Answers 3

Posted

do some research to prepare for the hearing....your claim is for "constructive discharge"

In California, the California Supreme Court defines constructive discharge as follows:

"In order to establish a constructive discharge, an employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign." See following case:

Turner v. Anheuser-Busch, Inc., 7 Cal. 4th 1238, 1251, 876 P.2d 1022 (1994)
http://scholar.google.com/scholar_caseq=turner+anheuser+bush&hl=en&as_sdt=2,5&case=10157690807936007266&scilh=0

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

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Posted

Thank you very much this is a great help!

John P Corrigan

John P Corrigan

Posted

you're welcome. check avvo best answer if you are so inclined.

Asker

Posted

Will do! Thanks again!

John P Corrigan

John P Corrigan

Posted

best of luck to you.

Posted

See my answer the first time you posted this question.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

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thank you so much

Posted

Plead your case to the EDD. It might be that such facts are not going to disqualify you as a "voluntary quit." Please see the following links for a comprehensive review of that standard so that you can prepare yourself for the hearing.

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

http://www.edd.ca.gov/uibdg/Voluntary_Quit_-_Table_of_Contents.htm

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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Thank you so much for the links

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