Will i qualify for unemployment if it was a mutual resignation & they put in writing they won't contest unemployment in CA?

My employer said I could resign, or continue working, but said I would receive a final warning at some point. He also said he has no faith in my abilities and doesn't think I will improve. I am worried I will not qualify for unemployment in CA, since he offered to let me continue work, but made it clear I am not really welcome. They offered me a separation agreement stating it was due to resignation mutually agreed upon, and stating that the company will not deny any immediate claims for unemployment.

Los Angeles, CA -

Attorney Answers (1)

Steven Alan Fink

Steven Alan Fink

Real Estate Attorney - Newport Beach, CA
Answered

If the agreement says they will not contest unemployment, you will qualify. Your resignation was a forced resignation which equals termination.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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