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My company asked me to resign and told me that they would provide me with a letter stating that they wouldn't try to block unemp

San Francisco, CA |

I have a long commute so they said if I resigned they wouldn't block unemployment and give this to me in writing. They said they would put me on a call list with a office closer to home. If I don't resign they will fire me and not give me good recommendations.
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Attorney Answers 2

Posted

What is your question.

Section 1256 of the Unemployment Insurance Code provides that an individual is disqualified if he/she was discharged for misconduct connected with his/her most recent work. For the misconduct provision of the code to apply, the claimant must have been discharged.

"Discharge" as used in Section 1256 means the claimant did not voluntarily quit the job, and was not laid off for lack of work. Instead, the claimant was ready, willing and able to continue working, but the employer would not permit the claimant to do so, even though there was no lack of work.
Occasionally, it is not clear, and it is necessary to decide, whether the claimant voluntarily quit or was discharged. In determining whether there has been a voluntary leaving or discharge, it must first be determined who was the moving party in the termination. Generally, if the claimant left employment while continued work was available, then the claimant was the moving party and the separation is a voluntary quit. If the employer refused to permit the claimant to continue working although the claimant was ready, willing, and able to do so, then the employer was the moving party, and the separation is a discharge. Sometimes, an employer may allow an employee to voluntarily quit, instead of discharging the employee, so that the employee's work record will "look good." In such a case, the employer remains the moving party and the separation remains a discharge.

If you quit your last job with rather than be discharged, because the employment relationship was terminated at your employer's request, the separation is considered a discharge. If the reasons for discharge meet the definition of misconduct connected with work. After considering available information, EDD will likely find that you do not meet the legal requirements for payment of benefits.

You might benefit from consulting with an experienced employment law attorney and having them evaluate your case. The California Employment Lawyers Association maintains a list of employment law attorneys who represent employees. Follow the link to: www.cela.org.

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Posted

It is the EDD, not your employer, which gets to decide whether you will be awarded benefits. Your employer can choose not to dispute the claim, but the EDD doesn't need opposition from your employer to deny benefits. UI benefits are funded by tax dollars, and the State has absolute discretion with regard to how those tax dollars are distributed.

So, don't assume that your employer not contesting the claim means you are guaranteed to receive benefits. In fact, if you are resigning due to a commute which has not recently increased, you will likely be denied even without any opposition to your claim.

See here for more information regarding resignation due to travel time as it relates to eligibility for UI benefits: http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_150.htm#TimeDistanceandCost

Good luck.

This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

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