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Will you get qualify for unemployment if employment is terminated by mutual agreement b/w employer and you?

San Diego, CA |

If you and your employer mutually agree that it's no longer working out, does that qualify you as being involuntarily unemployed and therefore you can collect unemployment?

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Attorney answers 1


Employees in California are entitled to unemployment insurance benefits if the employees loses his/her job through no fault of the employee. This can be either a good cause quit or a termination for reasons other than misconduct. If you and your employer agree that you are being terminated because it just "didn't work out," that would not be considered misconduct and you should be eligible for UI benefits. On the other hand, if you agreed to quit because it wasn't working out then you likely would not be entitled to UI benefits. I presume there are additional facts that do not lend themselves to a discussion online which could point to whether it was a termination or a quit. You may want to contact an attorney or resource group familiar with UI Benefits for further information.

You could also contact your former employer and try to clarify whether it was a termination or a quit for UI purposes.

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