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I was disqualified to receive unemployment and I put in a letter for an appeal, is it worth it for me to go to my hearing?

Ladera Ranch, CA |

I voluntarily quit my job due to no room for growth. Also the fact I had been losing money in putting my child in daycare and miles I drove to the job. I have asked management about getting a promotion and benefits, months before I put in my two week notice. I would like to know if there is a good enough cause to pursue my appeal.

Attorney Answers 3


  1. Generally a voluntary quit disqualifies you from unemployment benefits. That will likely be the case for you. Just to be safe, take a look at the following web links to the EDD pages that thoroughly discuss the concept of voluntary quit as it will be applied. See if you see any possible way to argue that your resignation was not a "voluntary quit."

    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.


  2. Your situation requires a more thorough examination of details and facts, although based on the facts described, it appears that you may have a tough road ahead concerning the appeal. You should contact an employment law attorney for guidance. Most plaintiff-side attorneys will offer a free and confidential consultation, so always feel free to ask.

    Any post of discussion above is general in nature and is not intended to and should not be construed as legal advice. Furthermore, the above posting does not create or establish any attorney-client relationship. Contact an attorney as soon as possible to discuss your legal options. [John D. Wu is licensed to practice law before all California federal and state courts]


  3. Any time you voluntarily resign, you place the burden on yourself to prove that you had good cause to end your employment relationship. In addition, you need to preservation of employment (that you took all reasonable steps to maintain the employment relationship. In my opinion, based on the limited facts you provided, you will likely not be successful with your appeal. Sorry to be blunt but the standard for good cause is very difficult to meet.

    This response has been provided as a general answer to your question with the facts provided. Nothing in this communication should be construed as providing legal services or creating an attorney-client relationship. No privilege or confidentiality is attached to this communication.

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