Can I collect unemployment if I quit due to a change in job duties?
I was hired for a non-profit company last year as a cashier. Since then my job title and duties have drastically changed. I'm so unprepared for the new duties (which include supervising other workers) that I don't believe I can fulfill my job to the best of my ability.
If I were to quit because of these circumstances would I be able to collect unemployment?
While you are entitled to unemployment benefits under certain circumstances if you quit your most recent employment, the facts presented in your question do not rise to a level where it is certain that you will be granted benefits if you quit your job. The standard which controls whether you are entitled to benefits allows a degree of discretion on the part of person ultimately deciding whether you are entitled to benefits. As such, when all is said and done, if you quit your job, you may or may not be entitled to benefits. I am inclined to agree with Mr. Crosner that you should discuss your concerns with your employer and ask for help.
Mr. Kane has provided you excellent counsel. Yes, it is possible. But it will not be easy. Your first chance to demonstrate your eligibility for benefits will come during your EDD telephonic interview. If you provide the right answers during this interview and your employer does not contest your claim, you may be in the clear. However, even if you are deemed eligible after the interview process, your employer can always appeal. If it does, the matter will ultimately end up in a hearing before an administrative law judge, where each side will present its evidence regarding your eligibility. If you really want to secure these benefits, you may consider hiring an attorney to represent you throughout the process. In any event, I hope everything works out.
Please contact me at (213) 222-6560 for a free consultation and case evaluation. This answer is for educational purposes only, and is not intended as specific legal advice or intended to establish an attorney-client relationship.
Maybe you should discuss your concerns about being unprepared for the new duties - perhaps your problem can be solved by additional on the job training, and thus eliminate the need for you to quit.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
If you quit, to qualify for unemployment benefits, you would have to provide EDD with facts showing that the working conditions are so unsatisfactory as to be intolerable to a reasonable person genuinely desirous of retaining employment and prior to leaving work the person has taken steps to preserve the job, so that there is good cause for leaving the work. California Code of Regulations, Title 22, Section 1256-23(b).
The EDD provides useful information on a voluntary quit.
http://www.edd.ca.gov/uibdg/Voluntary_Quit_-_Table_of_Contents.htm
http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_5.htm
